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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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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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Berta's Cue Template
Can someone point me to where the cue template is? Berta and Basser if you read this, we were talking about my two EKG'S for IHD C&P. The VAMC EKG"S say no diagnoses. The civilian cardiologist's EKG showed that i had a heart attack, two bad valves, electrical problem and low heart beat. I had a problem with my private ins. and i didn't have the stress test this week but will have it monday. GOD BLESS
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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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ptsd How My Cue Succeeded
This might help any veteran or widow if the VA made a clear and Unmistakable Error regarding a SMC issue in a final VA decision. If the VA had enough documented and established medical evidence to warrant SMC consideration ( to include a prior established 100% SC award) and then an additional and separate SC disability of at least 60% was established ,but VA failed to infer and consider SMC, that means the VA committed a clear and unmistakable error. Special Monthly Compensation is established by a statute and as a benefit it is mandated to be inferred and decided on whenever the established medical evidence warrants it to be. 38 USC 1114. I filed CUE on a final …
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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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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!!!
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Carpal Tunnel CUE?
I was diagnosed in 2010 with Bilateral Carpal Tunnel 10% Right (Major) and 10% Left Minor. I just noticed that the Neurologist's report sent to the VA reads a diagnosis of Carpal Tunnel Right = Moderate and Left = Mild. The rating for that should be 30% (Right/Major) for moderate and 10% (Left/Minor) for mild. Is this a pretty clear CUE or do you think I may have problems changing the decision?
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Newbie request to review CUE write up
I am brand new to this group and been researching CUE and found this group today. An old post suggested that anyone considering a CUE post their write up here to receive critiques and suggestions from experience members of the forum. So here goes: I trust you will be brutally honest, it is my understanding that this is a one shot deal and if I do a poor job I cannot try again. To: Department of Veterans Affairs Subj: Motion for Review for Clear and Unmistakable Error ICO <my name> I <my name> the claimant in VA File Number <my file number> Rating Decision dated 12 August 2014, move, pro se, that the VA made…
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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…
0 votes72 answers
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