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Just found a boo boo

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allansc2005

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Going over my C-File this morning, a retired army buddy of mine found an award error from 2008. Here's how it went down:

 

In 2008, I received a 10% disability award for Dizziness and Occasional Staggering, 38 CFR 4.87- ear, 6204, Schedule Of Ratings.

My buddy having the same condition, was rated at 30%, so we did some digging, and found out that this condition is ONLY rated at 30%!

The Schedule of ratings is the LAW in sure!

Now, in view of the above, how do I bring this error to the VA's attention? What forms or format?

I use Ebenefits, and will be filing a Fully Developed Claim for an unrelated worsening condition.

 

Thanks

 

 

 

 

 

 

 

 

 

 

 

 

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Based on what you posted, you have a good CUE basis:

Send to the VARO that made the decision you are cueing (and get a proof of Mailing)

 

I have never used any form for CUE, just a letter. You can use this one I just wrote- similar to my CUE claims:

 

 

"This is a claim under CUE, 38 USC, 5109A.                     (Date)

                                                                                            (C file #)

I fully believe the VA (Full  Name of the VARO) made a CUE (clear and unmistakable error) in the rating under diagnostic code they gave me with the enclosed (put full date of  )decision.   Exhibit A Rating decision ( _ Pages)

The established medical evidence  was clearly in VA’s possession at time of that decision .

I have also enclosed that part of the rating schedule that reflects the extent of my disability ,(as per the rating sheet)  and the proper rating under DC    6204 should have been 30%, and not 10%, at time of the decision.  Exhibit B

My established VA medical records, such as the enclosed copies of them,  Exhibits C,D, E, etc reflect the fact that the 10% rating was wrong.

VA’s clear and unmistakable error in the decision caused me an altered outcome, manifested by the lack of the proper rating percentage and proper retroactive amount.

 

Exhibits:    

A decribe briefly and total pages

B "

C ,D,E                                                                   Respectfully

(Total pages)

(Exhibits C, D, E - Send them a few copies of any VA med recs highlighted to support this and make sure they can see the dates of the entries)

Make sure your name, address and C file Number is on everything you send.

Edited by Berta
forgot the DC code
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Berta,

I took this case to the American Legion rep yesterday, and he was astounded that the VA made a huge mistake like this.

He went through my C-file, as I did, and said there is no doubt about it, a CUE should be filed, and suggested the same thing you did, except unlike you, he didn't outline the letter I should use.

 

Thanks Berta.

 

 

 

 

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GREAT to get the AL's support.

I could have written this in my sleep. You can tweek it but a CUE needs to

rest on established medical evidence , (which you have) ,a specific legal error, (the DC code ratings)and a "manifested altered outcome"  ( just VA legalize for 'they screwed a vet out of proper compensation')

I have no idea if there is a CUE form....I think maybe the DAV has a template for CUE  but they probably dont know how to use them...:wacko:

It is great to know we have AL vet reps out there who are on the ball......

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Berta,

I wouldn't use a VA generated CUE form anyway; just like the VA's Statement In Support of claim, it's used more for truck stop toilet paper, than an "official" document to be taken seriously:lol:

 

Allan

 

 

 

 

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He He ....that reminds me.... I was so infuriated with my VARO years ago for completely ignoring my IMos from Dr Bash that I wondered if I could somehow print them on toilet paper and put the toilet paper rolls into my RO bathrooms, for the raters and the DRO to read while they are sitting there. But even if they did read my IMOs that way , the IMOs would still have ended up in the crapper anyhow......

The BVA had no problem at all reading and assessing them.

Your CUE is great!

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