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CUE Clear and Unmistakable Error
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686 questions in this forum
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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
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ptsd CUE...NSC, then SC
Berta posted: " If you subsequently succeed on getting a SC rating for something VA deemed as NSC in the past, and it was at a ratable level when they stated NSC 30% PTSD for example on the old rating sheet, and is exactly the same disability that they finally awarded (giving you retro just back to the date of that claim, and all of the evidence they had established at time of the older decision should have warranted a SC rating then but they gave you NSC instead...... it is common sense that one should seriously consider the CUE regs here, and file a CUE." end Berta quote This makes sense and is precisely what happened to me. I was awareded 0% in 2002 (after appeal)…
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Should I file a CUE?
Background: I injured my foot in service. Was discharged after surgery failed to repair it. I have had multiple surgeries at the VA which have made it worse. I was originally granted 0% in 2004 after fighting multiple years for even that. I appealed and was bumped to 10% in 2005. Once again I appealed and was granted 30% in 2007. In their rating decision they state the "evidence supports a severe left foot disability with included painful and limited motion, with radiating pain and nerve impairment to the foot and lower leg and postoperative scars." I was denied acquired flat feet "The VA treatment records documented extensive podiatry and other treatment for you…
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tdiu Mega Cue Award
I moved this here today from Claims Research as Limekiln's 'CUE yourself VA 'claim is so good and was VERY $$$$$ Successful! A job Well done and a good template for this type of CUE
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ptsd Cue Ptsd Eed 1983
"ORDER As the Board has found clear and unmistakable error in the February 19, 2003 rating decision pertaining to the effective date assigned for service connection for PTSD, an earlier effective date of April 29, 1983, for the award of service connection for PTSD is granted, subject to controlling regulations applicable to the payment of monetary benefits." http://www.va.gov/vetapp15/Files3/1523789.txt I might have posted this beauty beforte here.......just found out how to copy and paste BVA links again ............Whew
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ptsd A Tip On Cue
I mentioned this before but it bears repeating. If you subsequently succeed on getting a SC rating for something VA deemed as NSC in the past, and it was at a ratable level when they stated NSC 30% PTSD for example on the old rating sheet, and is exactly the same disability that they finally awarded (giving you retro just back to the date of that claim, and all of the evidence they had established at time of the older decision should have warranted a SC rating then but they gave you NSC instead...... it is common sense that one should seriously consider the CUE regs here, and file a CUE. Never overlook 38 CFR 3.156 either.....for a different possible approach.…
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If Peb Recognised Right Rib Resection, How Did They Not Justify Thoracic Outlet Syndrome?
In 1984 I was med boarded out of the Army after four and a half years. I was in my last week of Drill Sgt. school in Ft. McClellan Al. when I got struck down by a blood clot in the right subclavian vein. After a few more blood clots, they sent me to Walter Reed Army hospital, and there I was given a Right Rib Resection, due to them finding an obstruction at the Thoracic Outlet of the Right Subclavian vein. No thrombus, but still an obstruction. They med boarded me for 1. 4538: Recurrent right subclavian vein thrombosis ( Principal Cause- combined rating w/ diagnosis two-10% …
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New Cue
So I have no idea whats going on with my DRO review elected hearing. Yesterday I received a call stating my DRO hearing is awaiting scheduling could take 30 days. I was happy Dro review was moving then I look on ebenefits and it says a new claim CUE TBI was opened on 12/29/2014 not me or my attorney did such a thing but it says its preparation of a decision. So this new CUE claim is pretty much the reason why I elected a DRO review which the lady on the phone said she has never seen both things going at the same time. but how can their be a decision without the hearing on the claim if there hasn't been a hearing with the dro review. Oh jesus Ive gone crossed eyed typing t…
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ptsd Grover, Supra And Mcgrath V Gober Yum Yum
Somewhere here I posted how to get the VA to CUE itself during the appellate period I have done that many times.since it first worked in around 2005 for me. I have had success with this tactic but there is no regulation for doing this so maybe some here think I am BSing about it. That's OK. Today as I started going through VA crapola from 1983 to present, to make sure my file system is up to date, a miserable task, but good organization gives me great peace of mind and helps ward off VA induced PTSD, when you get so stressed that cannot seem to find a paper document or VA decision that you need, I found a BVA decision I kept regarding the same premise I have filed…
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Status Of Cue Claim
My husband filed a Form 9 after his CUE appeal was denied at the regional office. Now our understanding is that his case is transferred to the BVA in Washington, DC. Is there any way to find out how long it takes the regional office to send the appeal to the BVA in DC? And once it reaches DC, how long does a decision take at that level? Will the BVA contact him acknowledging receipt of his appeal? I ask this because the VA regional office "lost" his original appeal for about 8 months. E benefits says it's down till September 2015, so there seems to be no way to check on anything, for what its worth.
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lumbosacral Question About A Cue
Guys, I have a question about a potential CUE. I will do my very best to explain my case, but I will also try to keep is as short as possible and I would like any and all input I can get. Basically I do not want to waste a bunch of time if I don't have any real arguement. My Story- I served in the USAF from 1984 through 1988. During the time I was active duty I hurt my back, my hip, and my left knee. I was seen in the ER at homestead Airforce base on two seperate occasions, in 1985 and again in 1987 I was given time off, prescribed Physical therapy ect. But my pain would never go away. At times it would become less severe, so that I could work but the pain was alwa…
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Ro Phone Call
Just received my call from the RO that I need to contact my attorney so in 30 Days to schedule a date and time for a hearing. Why does this make my anxiety level shoot up, I've been waiting for this day its here now drives me insane thinking about what the DRO will ask me? If he is truly trying to help me or if I am just a number off the Monday morning report now for their stats. Does anyone like Berta have any advice of what not to do or say?
0 votes14 answers