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CUE Clear and Unmistakable Error
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685 questions in this forum
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BVA CUE awards
https://www.va.gov/vetapp20/files1/20000710.txt There are 1954 BVA decisions regarding CUE in 2020 alone. Many were denied, some were re-file-able, "without prejudice "( meaning the claimant needs to perfect the CUE and re file it) and CUE is NOT a one shot deal, as many reps etc try to say, and some certainly were awarded.
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Never told About disability
I was diagnosed with a mental disorder in 1988 and never told or treated and then discharged in 89. Filed for other issues that were denied and the VA tells me that a favorable finding is that I was diagnosed with this mental disorder. So I decided to put the other claims on hold and file for the mental disorder they diagnosed me with and never treated me for. My question is how should i pursue this and can I get effective date back to discharge since they never told me?
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I CUED the CUED and the TDIU for a EED at the same time was that right?
I'm S/C 100% TDIU , SSDI and Disability retired due to S/C diabilities (no SMC's) Narcolepsy 80% (sleep disorder) Sleep Apnea 50% (sleep disorder) Depression 50% (secondary to sleep apnea) left shoulder 20% right shoulder 10% knees and feet 20% #1 I was diagnosed and treated for Narcolepsy in Nov.1992 after a M.S.L.T in Landstuhl Germany. June 1997 I was given a another M.S.L.T and Polysomnography at Walter Reed they diagnosed me with long sleepers syndrome and ruled out Narcolepsy but the test also revealed OSA an PLMD. i was court martial out of the Military November 1997. November 1997 i filed for compensation Sleep d…
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where to find old rating disability
I tried looking through forums, but cannot find this answer. I had a GERD claim increase on Jan. 2019. I am *fairly* certain it was previously rated at 0% upon discharge and then finally received an increase in Jan. 2019. I cannot find anywhere online when the GERD was previously rated for 0%-I looked through "historical claims/appeals" and it does not show anywhere on there (there is one claim that I submitted a long time ago that says "administrative review-closed, but, it was so long ago, I honestly do not remember what the administrative review was for or what it was related to). Is there anywhere else I can look to find when the original GERD assigned rating of …
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left shoulder secondary to right shoulder residuals compensation date change
Okay, I am hoping someone can help, and that this all makes sense. I recently submitted a claim for left shoulder secondary to right shoulder (residuals). My right shoulder was at 0%. I did a C&P exam (they scheduled it for an outside facility and I am currently trying to get the notes from that exam)-the exam was for both shoulders, and they upped my right shoulder to 20%, deferred my left shoulder, and are requesting another C&P exam. So, my question is this: I received the decision letter and it states that for evidence, (they list numerous things), but one part says, "VAMC treatment records to from October 2006 through September 12,2020. " I know that I have c…
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Post cue decision: "930 rating not addressed see claim notes." What does this mean?
I was checking va.gov after receiving the mostly favorable results of an HLR for an earlier effective date claim for migraines where VA called CUE on themselves. I say mostly favorable because the effective date claim went back to 2006. The CUE was instead awarded exactly one year back from the date of the intent to file in March 2019 back to March 2018. That's when I noticed a new claim for increase on va.gov for TBI that I did not submit. That's where it says under evidence gathering "Request 1- 930 rating not addressed see claim notes" I spoke to a VA rep who says that it's an internal review and was about pyramiding TBI and PTSD. I've been mislead…
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cue CUE a HLR denial that failed to address CUE contentions of functional loss/impairment?
The CUE I submitted last year was denied in January. I submitted a HLR asserting a CUE contention that the VA failed to properly apply functional loss/impairment per 4.40 and 4.45 and award a rating higher than 10%. The HLR denied CUE occurred, again relied solely on the maximum ROM, but made no mention of my contentions that functional loss/impairment per 4.40 and 4.45 were not properly applied. Initial exam This exam was a crap shoot, but at least they were able to confirm it was in the record. A reasonable person would have used objective math to divide 35 mm by 2 resulting in 17.5 mm to award a 30% rating. If the examiner did not objectively mean "midway"…
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HLR denial letter 5th time. Should I just let it go??
At this point, I've become another statistic of the VA hamster wheel for a claim appeal that has merit for acquired pes planus. This has gone on for far too long and I'm pretty much done with it. I'm not one to give up, but I learned a long time ago to pick my battles. I am 100% scheduler with an FCE looming around February 2021 for PTSD and Depression. If I get reduced afterwards, I might revisit the flat foot appeal with new and relevant evidence that I have. I have until Aug 13 2021 to appeal.
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Need help deciphering this letter for Flat Feet Appeal?
This is the letter CCK sent for my appeal. Does it suffice to make a strong arguement for a CUE?? CUE.pdf
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va severing service connection due to cue
the va said they are proposing to sever a service connected disability due to a clear and unmistakable error.(not fraud) this drops me from 100 to 90 percent. do i have to pay back the 1300 dollars a month more i recieved for 10 months at the 100 percent rate vs the 90?
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Possible CUE for Effective date?
I need some help with my effective date, I applied for Migraine increase on Feb 19, 2019. VA denied it. Recently looked in c-file and the C& P exam results were favorable, it was done at a VA facility by VA doctor neurologist. In the decision letter dated Jun 20, 2019, rater never gave a reason on why the exam results were disregarded. I got an independent medical opinion and filed a supplemental claim on April 10, 2020. Another C&P exam was conducted on june 24, 2020. Va approved the claim and gave an effective date of jun 24, 2020. I believe that I can claim CUE here as the effective date should have been Feb 19 2019 since the claim was continuously pursued…
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CUE Decision
So, I checked VA.gov to see the status of my CUE. It indicated "appeal period pending final release of atty fees." (it gave the amount) and it was listed under "claim for comp and pen updated on 07/22." So underneath that one is another "claim for compensation" updated 07/22, when I view that, it doesn't indicate a decision was made or that a decision was sent. When I contacted the 800# they said they are sending a packet to me. But as I said, VA.gov does not show that it is complete. In fact the date they have now under estimated completion dat, is 12/2020. Has this happened to anyone here on a CUE claim? I mean if they are finalizing payment of my atty's fees, …
0 votes12 answers