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CUE Clear and Unmistakable Error
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685 questions in this forum
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CUE: How detailed should my assertions be?
Filed for a CUE last July, multiple assertions/issues, all relation to my original denial of a knee claim(never appealed) and a RO decision(on remand) to increase my % for my back condition, also final after BVA appellate review. All issues are old, dating back to '92(knee claim) '95(BVA remand to the RO re: my back) and '96(the BVA appellate review). I've don lots of case law and regulation research, applicable at the time, supporting my assertions..all my cites/etc back up my assertions of what should have been done/followed, and what was done or not done, wrong(cites of case law, COVA decisions). The RO passed(said nope), the DRO did not find in my favor(awaiting SOC),…
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AUDIO FROM CVAC
WHY WOULD A JUSTICE OF THE CVAC ASK A QUESTION LIKE THIS TO VETERAN ATTORNEY<<<<<<<<<<< SO, IS IT YOUR OPINION THAT THE GOVERNMENT HAS A BURDEN OF PROOF TO PROVE THAT A VETERAN IS HEALTHY UPON SERVICE AND SOMEHOW ALSO THE GOVERNMENT HAS THE BURDEN OF PROOF TO SHOW THAT THE SAME VETERAN IS UN-HEALTHY LEAVING SERVICE???? WOW,, THAT JUSTICE DID ASK THAT QUESTION.... AND ANYONE WHO FOLLOWS VETERANS LAW KNOWS THAT YES, THEY DO HAVE THAT BURDEN AND THAT SHOULD HAVE NEVER BEEN ASKED!!!!!!!!!!!!!
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How do I file a CUE?
Can someone walk me through the process of filing a CUE? I believe I may have a claim for one, and I have not been able to identify a standard VA form - if there even is one. I appreciate any and all feedback. Thanks.
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A Question About My CUE CLAIM
Hi Everyone. I was discharged from the Air Force in 2000 for a service connected Somatization DO with a 10% disability rating. I also had a 0% rating service connected for degenerative spine. I filed my claim with the V.a. in 2000 that included somatization along with my medical records. Well, the Va denied me. I didn't know anything about the system at the time. Somehow or another, they awarded me 10% for the migraines that I was having, but totally ignored or looked over my reason for discharge, which was somatization do. Later, they raised my migraines to 30%. I had filed a few claims, which were all denied, and everything was paper at that time. Well, they also took…
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how do file QUE when there's no decision in c-file
I was denied compensation over 20 years ago. They based it off my failure to provide additional information. But I have evidence where I called and the VA and told them I did not have any additional information. They asked me to fill out a form for accidents. I was attacked/assaulted and I called the VA and said this. The entire report was in my c-file of the attack. I believe their is a huge difference between a car accident, and attempted murder. How would I QUE this. Also there is no decision of their denial in my c-file
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CUE Proof Read if someone has time
All, Sorry this is so long. I received a denial letter on a NOD that I sent to the DRO. DRO denied it based off the DBQ which the Dr at the C&P submitted, but neither the Dr or the Rater looked at my Medical records. I am unsure if this is best left to run through the normal appeals process now that the DRO denied it or could I submit the below as a CUE? I'm not sure if this meets the CUE Standard. I tried to lay out the case from start to finish with evidence. All of my enclosures are word for word out of my medical records. Do I have a case for CUE? Letters A thru K below are identical but apply to all three denial points the VA tried to make. I respect…
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tdiu VA says they made a CUE in awarding me IU.
VA says they made a clear and unmistakable error in awarding me individual unemployability in 2012. My combined rating is 70% and my award letter from 2012 rated me permanent and total. I received a letter that my claim fell under a special review and the CUE was discovered. The letter doesn't say what the CUE is. I met the criteria when I applied and also got SMC K. Why would an IU rated P/T get pulled for a special review?
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Lost trust in Va but need help
hadit .com ltr to Berta Sept.5th.docx
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CUE
Is it considered a clear and unmistakeable error if the VA did not rate my claim under gulf war multi-symptoms. I filed a claim using the 5126-ez form because the VA had started reviewing my previous claim from 1994 for increases. So when I saw my contention statement and it did not reflect my intentions to file as presumptive gulf war illness, I filed a statement of claim and stated that I wanted my claim to be rated as gulf war veteran and sent copies of medical evidence and lay evidence but the VA never changed my contention statement. I contacted VA 1800-827-1000 and spoke with a rep. who said my statement of claim was sufficient to have me rated as gulf war veteran w…
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Is Non Service Connected Parkinson's Rateing A Cue
I managed to get a copy of a Veterans Evaluation Services C&P exam, It diagnosed me with Parkinson's & said it was not service connected. I am agent orange exposed, Isn't Parkinson's a presumed disease associated with Agent Orange exposier. Later I got a copy if my C File, It said the same thing. See attatched file.CUE pdf.pdf
0 votes6 answers