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CUE Clear and Unmistakable Error
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686 questions in this forum
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IS CUE FOR BASIS IF RO MADE SEVERAL TYPOS ON RATING DECISION?
RATING DECISION MARCH 4, 2002 SERVICE CONNECTION FOR LEFT ANKLE FRACTURE DENIED. FACTS: SERVICE MEDICAL RECORDS FROM MARCH 20,1993 THROUGH JANUARY 20,2000, SERVICE MEDICAL RECORDS ARE NEGATIVE AS TO AN ANKLE FRACTURE, TREATMENT OR COMPLAINT OF THE SAME. VA JOINTS AND GENERAL MEDICAL EXAMINATION DATED AUGUST 7, 2000 INDICATES THAT THE VETERAN REPORTED ON NOVEMBER 1994, WHILE JUMPING OUT OF AN AIRPLANE DURING AIRBORNE SCHOOL HE HAD AN INVERSION INJURY OF THE LEFT ANKLE WITH FRACTURE, HE WENT TO SICK CALL AND HAD TREATMENT FOR THREE WEEKS WITH AN AIR SPLINT. IT THEN STATES. XRAYS OF RIGHT!!!! ANKLE INDICATE NORMAL ANKLE JOINT, ACCESSORY OSSICLE VS …
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Lost Medical Records now found constitute a CUE
First thank you for creating this page. It's been a twenty years fight and reading these pages has made me feel for the first time I'm not alone in it. Active Army 88-92. Last six months in Egypt on a MFO tour. While there I got very sick. It was my last six months of service and ETS two weeks after returning to FT Drum. Six months after I got out started get sick again. Diagnosed with Ulcerative Colitis. Fought it for two years but lost and had my colon removed. Started developing other issues very similar to what they were calling Gulf War Syndrome. Applied for DC in 1997. I was denied do to lost medical records. Applied again in 2004. Again denied because of lost reco…
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Will filing another disability claim set back CUE
My husband filed a CUE which will probably be another year or two before it even gets assigned a docket number and goes to Washington. In the meantime, he is thinking of filing a disabilty claim which would not change his schedular rating, but would add some SMC to his monthly compensation. In the past, his attorney told him not to file anything new till the CUE gets decided because any new claim would knock his CUE back to the beginning. So, my question is, would opening a new claim or reopening an old claim actually set his CUE back years?
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Feels good to be back on a base
permanent total paperwork from ebenefits was enough to get my new ID card still awaiting the packet in the Snail mail? My new claim has me worried but I'm assuming since my TBI is permanent and total with no future exams is that it can't be lowered? The woman said my new claim seperated my mental Health and TBI issues and said I don't know what the raters can do they can do whatever..... No amount of anything will bring my memory issues rated under 8045 down below 70% But is my memory a mental issue which would keep me from ever working again like PTSD?
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Possible CUE win?
So after some prompting from some friends I got an appointment with the DAV to look at what I thought would just be a new claim to ask for in increase on my psoriasis claim (10%). After the DAV reviewed my records, including my C-file it looked like the VA had ignored some evidence that would have given me 30-60% rating for psoriasis, which is based on the use of immunosuppresive medication. We couldn't find a copy of my civilian dermatologist medical records in the file, but we did find where I provided them with the information to locate the records and a note asking them to retrieve them. No where in my C&P exam did it state the I told them I was on that medicat…
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Feels good to be back on a base
permanent total paperwork from ebenefits was enough to get my new ID card still awaiting the packet in the Snail mail? My new claim has me worried but I'm assuming since my TBI is permanent and total with no future exams is that it can't be lowered? The woman said my new claim seperated my mental Health and TBI issues and said I don't know what the raters can do they can do whatever..... No amount of anything will bring my memory issues rated under 8045 down below 70% But is my memory a mental issue which would keep me from ever working again like PTSD? Crap this was a success story can someone change this? I'm an idiot sorry
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CUE, NOD or WAIT ???
Filed for TDIU was denied however VA sent me for C&P exams for Cervical, Lumbar, Migraines and Mental Health, I was told even though my my cervical, lumbar and Migraines should all be increased (will show below C&P exam statements) the examiner will NOT use those contentions on making his decision because they are all 3 in an appeal status (dated 2013 still waiting on appeal) so it screws me out of TDIU. Question?? Even though those 3 are in appeal shouldn't he of raised the ratings according to the C&P exam results immediately? or does that too have to wait for the appeal to go through?? If these increases are given to me i would be at 100% scheduler. …
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Wait for CUE decision or file additional sc claim?
My husband is 100% P/T disabled vet TDIU, no further exams. With the new proposal to eliminate the TDIU for vets who have reached retirement age, we are very concerned that his TDIU will be cut. Because of his disability, he has very little social security. There have been SC claims that have been denied, but may be able to be re submitted. The issue is that he has a CUE pending and his VA lawyer told him "Don't rock the boat with any new claims because it will set the CUE back even further". Any thoughts on this as to what he should do?
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Pulmonary Hypertension rated at 30% as symptomatic resolved pulmonary embolism
OK, so here's my story. I was in Iraq in 2008-09, and started having chest pain. It was dismissed by the army doctors as probably just a strained muscle. Fast forward a few years, and I was diagnosed with pulmonary hypertension and stage one heart failure, both of which are ultimately fatal. I submitted a claim for these conditions, which was denied. I appealed this denied to the DRO in St. Louis, MO. The contention for pulmonary hypertension has a pending rating decision in the system according to my VSO. Here's my issue. I am diagnosed with Pulmonary Hypertension, as well as other diseases. The doctor who did my C&P exam clearly stated that he believed that my PH wa…
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CUE decision
Hello all I got a decision from the VA on my CUE. I am attaching my "statement in support of claim" and the VA decision letter, in a zip file. The original decision awarded me 60% in 2015. I first put in a NOD, I cancl the NOD and put in a reconsideration(from their advice) and confused the VA. In their confusion the 1yr time expired making the decision final and I was instructed to put in a "CUE" in order to get the dispute resolve. So this is where we are now. Any and all advice/info will be greatly appreciated archive.zip
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CUE Form 9 Dates
My husband filed a Form 9 over 2 years ago to the Denver Regional Office. He still has not received a docket number. Calling up there is useless. Is there any way to find out what dates the Regional Office is processing for docket numbers and sending on to the BVA? And is there anyway to make sure that they haven't LOST the Form 9, as they have lost documents in the past. Thanks in advance for any advice!
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CUE or NOD
Hello, FIrst time post: Can anyone tell me if a rating reduction (from 100 to 60% for a service-connected disability) done without a reexamination is a CUE or a NOD? Less than 5-years rated. Here is a BVA case which parallels my husbands exact situation (citation 1428283). Thanks for this really helpful website!! A/O Wife
0 votes50 answers