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CUE Clear and Unmistakable Error
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686 questions in this forum
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Reconciliation Of Moody V. Principi, 360 F.3d 1306 (fed. Cir. 2004), And Case Law On Cue Claims
Department of Memorandum Veterans Affairs Date: May 28, 2004 VAOPGCPREC 4-2004 fillin "Please type the 'Date' line information." From: General Counsel (022) Subj: Reconciliation of Moody v. Principi, 360 F.3d 1306 (Fed. Cir. 2004), and Case Law on CUE Claims To: Chairman, Board of Veterans
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Cue - Check This Before Posting Your Question It May Have Already Been Answered
http://www.google.com/search?client=safari...-8&oe=UTF-8
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Cue - Check This Before Posting Your Question It May Have Already Been Answered!
http://www.google.com/search?client=safari...-8&oe=UTF-8
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EED CUE? or NOD supplemental? or *?*?*?*?*?
so............... I WON MY CLAIM! sorry i had to get that out one more time. i am now 100% p&t. but my eed is december 2019 instead of the original claim date. i am trying to figure out what i need to do. should i file cue? should i just file a supplemental and ask for correction without cue? should i do something i am not even thinking of that you guys know better? reason i think cue is because in my letter, the judge specially says my original claim was 2013 and dx was 2008. it seems the vro clearly ignored this. also, they didnt even use the latest appeal date. i reopened the original 2008 claim back in 2013, but was denied and…
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Pretty Sure I Can Ask The Va To Cue Themselves?
I posted here about a week and a half ago. Here's my prior post : http://www.hadit.com/forums/index.php?show...hl=livingrock21 . I'll give a quick run down on my situation again. I filed my claim in June of 07 through the BDD program. Was supposed to get my findings 90 days after that, but didn't get them until the end of Nov 07. I imediately noticed that they rated one of my conditions under the wrong VASRD code. They had me rated for Paralysis of the median nerve, and I'm supposed to be rated under Erythromelalgia (7119). Two comepletely different things, that aren't even medically related. I appealed a few days after getting my original findings. The statement of…
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ptsd Fully Developed Cue
Submitted CUE to Los Angeles RO on 5/6/15. Evidence included- 7/21/2004 VA Form 21-4138 stating I was homeless with no mailing address at the present time 10/21/2004 Denial Decision letter mailed to address I had told VA I no longer lived at. 01/19/2005 2nd mailing of denial decision letter sent to the same wrong address again. This time RO handwrote in "C/O New Directions" but sent the letter to the same wrong address. 08/31/2004 Social Work Progress Note from VAMC stating place, address and phone number of new address in Santa Barbara I could be located at 11/10/2004 VAMC Los Angeles inpatient progress note stating I was returning to Santa…
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Sleep Apnea
i havent posted in a while. i was denied my claim for sleep apnea and got help from the state VSO because i couldnt get the vfw or DAV to return my phone calls. i in the army national guard. i was in 03-09 and was deployed to Iraq in 07-08. upon return i immediately went to the va and filed for benefits for health care. i was injured in iraq and filed claims for those. i also was having problems sleeping and the VA gave me a sleep study(4 months after discharge from active duty) and was diagnosed with sleep apnea. i filed a claim and it was denied. years have gone by since then and i was trying to get a claim for my sleep apnea once more. last year i submitted…
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ptsd Denied Bronchitis 2004 Approved Asthma 2012
Two months ago I received my rating decision for PTSD and Asthma. Was awarded 70% PTSD/Bipolar and 30% Asthma, IU/P&T. In October 2003 I submitted a 7 contention claim that included "bronchitis". The claim was denied one year later without ever having been called to any c&p exams. In the denial for "bronchitis" the reasons says there is no evidence in my service medical records or mention of bronchitis, that my symptoms are asthma and respiratory difficulties from flu like symptoms in my SMR's. In April 2012 I submitted a claim for PTSD and Asthma, ordered a copy of my C-File for the first time, and there plain as day in my medical records are numerous …
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tdiu Problems With This Cue?
To Whom It May Concern: Veteran is claiming that a “Clear and Unmistakable Error” was made in the August 24, 2001 rating decision. Specifically, a disability rating of 30% disabling for asthma was wrongly assigned. The correct rating for asthma should have been 60%. This CUE then triggered a series of events that prompted a subsequent CUE for a denial of individual unemployability in on August 4, 2004, and reduction in what should have been a protected rating of 60% for asthma down to 30% in 2011. In 1999, to this day, a rating of 60% is warranted when an FEV-1 of 40-55 percent predicted; or FEV-1/FVC of 40 to 55 percent; or at least monthly visits to a…
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CUE Potential
Hello Everyone, I wanted to post this draft CUE motion here to get your opinions on strength of case, format and any other comments. It has been redacted to remove my social. General Overview: I am service connected since March 2019 for neck, bilateral knees and ankles among other things. The knees are the condition I am primarily focusing on at this time. I had 3 full physical medical exams with no pre-existing conditions noted. The first exam was when I joined the Florida Army National Guard September 16, 1985. The second exam was when I transitioned to the regular Army on April 29, 1987 and the third exam was when I went to Airborne physical on Ma…
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CUE My latest VA denial for TDIU
I think this is very similar to dawsonatl's Unwarranted TIDU Denial Letter Received. I find myself getting fairly confused trying to figure out if I just keep this to the latest decision or do I add in some of the prior decision because they refer to it in evidence. I have worked on this a little at a time for quite a few days. I didn't want to just copy dawsonatl's but his is a very good example. What I had in bold did stay when I copied my draft. Your thoughts are appreciated. I am pretty sure this will be the first of many CUE's I will be filling. DEPARTMENT OF VETERANS AFFAIRS CLAIMS INTAKE CENTER PO BOX 4444 JANESVILLE, WI 53547-4444 Current Da…
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Va Made In Cue In Granting Service Connection For Als
My husband was granted disability in 2009 for ALS. The VA now says they made a CUE in granting his service connection, due to his active duty being for training, and are proposing to cut ALL benefits. HELP!!!
0 votes64 answers