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CUE Clear and Unmistakable Error
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686 questions in this forum
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CUE claims - a TIP
Since the President has promised Accountability from the VA,that accountability should cover every aspect of the VA...health care as well as our claims. I am filing another CUE claim and have been reviewing my October 2015 award letter many times,specifically the Evidence List and the 5103 waiver and the 13 pieces of evidence they completely ignored.I could not understand why the director of my RO insisted that my award was correct and they had paid the full amount...but that the veteran was NOT 100% P & T under 1151.....an error that caused my appeal, but more importantly it was due to a 38 CFR 4.6 violation . 13 pierces of evidence and even if they …
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No news good news???
I submitted a CUE claim via FDC a few months back. I was granted a C&P exam for the issue. Regional office also requested a medical opinion from the examiner. The exam and the MO was very favorable. The claim is now in the "pending decision" phase. My question is, is it true that if my claim did not meet the requirement(s) for a CUE, would the VA have notified me? I have not received any notifications from them other than the exam. So does that mean they consider the CUE valid?
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tdiu Question on possible cue for tdiu claim
First off, I hope everyone had a great New Year. I am not certain that my NOD has been denied yet, but when I called Peggy I was told that a statement of the case was being prepared, so I'm preparing for worst case scenario. Background-I was granted service connection for systemic lupus at 60% and acquired psychiatric condition to account for memory loss at 50% in September 2015, effective date was Jan 7 2010. I submitted a NOD on Nov 4 2015, disputing the rating I received for the lupus, and requested tdiu. My VA doctor has completed a DBQ for me and stated that the lupus does cause severe impairment of my health. I have been found unemployable by Vocational Rehab, an…
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ptsd CUE DECISION AWARDED FROM NOD
Good Evening Everyone, Happy New Year to everyone, I was shocked but I now I have more to go. Heres the decision : INTRODUCTION The records reflect that you are a veteran of the Gulf War Era and Peacetime. You served in the Army from February 1986 toJuly 1986 and from September 20,1990 to July 4 1991. We received a Notice of Disagreement from you on February 8,2016 about one or more of our earlier decisions. Based on a review of the evidence listed below, we have made the following decision(s) on…
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Is this a CUE??
Hello and thank you. Back in 2001 when I discharged I filed for several conditions and was awarded many of the ones I claimed. One I was turned down for was my overactive bladder which was diagnosed in the service and I was treated with medication. If I remember correctly the reason it was denied is because the VA said no evidence existed regarding that condition. I didn't contest it back then because of all the other stuff that did get granted. Long story short, I located a copy of my discharge physical on ebenefits and behold right there on the front page it said I had overactive bladder. I know the VA had that exam because they used it to grant the other conditions. So…
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MAYBE CUE?
I GOT AN INTERESTING ONE. SO A RECENT FOIA RESPONSE SHOWS A QTC EXAM REQUEST WRITTEN BY THE SAN DIEGO RO. IN THIS LETTER TO THE DR. IT STATES THIS.... PLEASE EVALUATE THIS BILATERAL HIP CONDITION FOR AGGRAVATION OF A PRE-EXISTING CONDITION. THIS BILATERAL HIP CONDITION IS CLEARLY A PRE-EXISTING CONDITION. THE QTC COMES BACK AND SAYS " THIS IS NOT A PRE-EXISTING CONDITION. THERE IS NO PROOF OR MEDICAL EVIDENCE, OPINION SHOWING ANYTHING REGARDING THE OTHER HIP ONLY THE PRE SERVICE CONDITION OF THE ONE HIP" IVE ALWAYS WRITTEN ABOUT THIS IN MY NODS...
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SPO won his CUE claim!!!!
I try to highlight the winning claims here but I forget to.... The CUEs that succeed here are the best templates to use to see how the veteran has advanced their CUE issue. They are very encouraging for others to see. http://community.hadit.com/topic/68269-possible-cue-win/
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tdiu Cue Claim - TDIU SMC-S
Last month I was awarded a 100% scheduler rating for my COPD. I am also rated for traumatic arthritis right ankle – 20%, traumatic arthritis left ankle ankle – 20%, left foot pes cavus with arthritis and plantar fasciitis – 20% and right foot pes cavus with arthritis and plantar fasciitis – 20%. I was also awarded Special Monthly Compensation (SMC-S). I wasn’t aware of what SMC-S was so I did some research to understand the additional benefit. Prior to my 100% scheduler rating I was awarded TDIU in December 2008 for my COPD (rated at 60%). In addition I also had the aforementioned SC ratings for traumatic arthritis right ankle – 20%, traumatic arthritis left a…
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hearing loss Tinnitus CUE Help Please
Here's what I have so far. EVIDENCE OF CUE Appellant asserts that the unfavorable decision rendered on May 12, 2016, involving denial of service connection for tinnitus constitutes a clear and unmistakable error. Unfavorable Decision: In the May 12, 2016 decision letter, it is stated, " Service connection for tinnitus is denied because the medical evidence of record fails to show that this disability has been clinically diagnosed." Rebuttal of Unfavorable Decision: " A veteran is competent to report symptoms of hearing loss and/or tinnitus as a disability because symptoms of hearing loss and tinnitus are capable of lay o…
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Exercise of Judgement used as denial for CUE
Hello All!! It's been a long time!! I have been peeping in on you all every once in all while...coping skills are still not my friends of mine...Lol! I am so sorry to hear about Carlie and the others lost along the way. I just got my decision back on that CUE I finally decided to file after all these years and it took them less than a month to deny it based on the fact basically that the alleged error involved an exercise of judgment which cannot be characterized as undebatably erroneous. How could it be an exercise of judgement if they have rules and regulations when it comes to ratings?? 38CFR. 4.7....I guess that makes it a judgement call but I thought it wa…
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'Lack of Rating' CUE claims
I almost forgot and went back to my 2004 CUE for heart disease because I forgot what regs I used. "M21-1, Part VI March 19, 2004 M21-1, Part VI March 19, 2004 Change 113 Rescission: Changes 106 and 108. 3.09 ISSUE a. General. Clearly state all issues of entitlement identified by the claimant, or those which can be reasonably inferred from the facts or circumstances of the claim. If there is more than one issue, list the issues by number. In RBA, the issues appear under the identifier “ISSUE.” In RBA 2000, the issues appear under the identifier “DECISION.” b. Compensation Ratings. Con…
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Respiratory Conditions
In 2010 while I was on active duty training I was hospitalized for a month. For walking-pneumonia, pneumothorax, hemothorax ,decortication and thoracotomy. I had 3 major surgeries in 48 hours, 2 blood transfusion, placed in a chemically induced coma and placed on a ventilator and life support. I spent two weeks in ICU. While recovering I had to re-learn how to eat, talk and walk. I some how turned into a vegetable. With this being the first time I've every had to go to the hospital I was traumatized by the visit. At the time I was 19. Since this was ADT, and not AD a LOD was done and found "NOT IN THE LINE OF DUTY." "NOT DUE TO OWN MISCONDUCT." Because I was receiving tre…
0 votes7 answers