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CUE Clear and Unmistakable Error
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686 questions in this forum
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Is there a special form to file for CUE
Given that the VA has moved to a new claims system which requires claims to be filed on specific forms,,, is there a special form to file a CUE claim ? thanks
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Evidence Considered In C&P Exam
Quick question: If a rater references evidence in the "Evidence Considered" section of a rating decision letter and it is "used" in making a rating decision (e.g. if the rater obtained private doctor medical records), are they required to add those records to the C-File?
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CUE / NOD any suggestions?
taking a break. I removed all files, they still need much more work. I will post a new thread when I get something ready.
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CUE: Applied §4.59 instead of DeLuca, Hicks, § 4.40, and § 4.45
Hello everyone, Here is another final draft CUE which might be ready to be submitted to the VA. The decision maker failed to follow the laws in effect at the time. The decision maker applied §4.59 only instead of applying DeLuca, Hicks, § 4.40, and § 4.45. No judgement call factors. Please feel free to tear it apart and offer any suggestions. I wanted to keep it short, explain the error, include excerpts from evidence, and include laws in effect at the time. The meat of it is in the first section.
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CUE: Pre-service aggravation % reduction
Hello everyone, I have been chewing on this one for quite a while and believe this final draft CUE is ready to be submitted to the VA. The decision maker failed to follow the laws in effect at the time. No judgement call factors. Please feel free to tear it apart and offer any suggestions. I wanted to keep it down to about two pages, explain the error, include excerpts from evidence, and include laws in effect at the time.
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CUE My latest VA denial for TDIU
I think this is very similar to dawsonatl's Unwarranted TIDU Denial Letter Received. I find myself getting fairly confused trying to figure out if I just keep this to the latest decision or do I add in some of the prior decision because they refer to it in evidence. I have worked on this a little at a time for quite a few days. I didn't want to just copy dawsonatl's but his is a very good example. What I had in bold did stay when I copied my draft. Your thoughts are appreciated. I am pretty sure this will be the first of many CUE's I will be filling. DEPARTMENT OF VETERANS AFFAIRS CLAIMS INTAKE CENTER PO BOX 4444 JANESVILLE, WI 53547-4444 Current Da…
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Foot Injury Iraq
Good Afternoon, I have a question about a clear and unmistakable error (CUE) claim. I was seen by multiple doctors for a foot injury in Iraq 2006-2007. I return home and have surgery by private doctor September 2007. I had no idea about service connections, VA claims so I never filed anything until 2014. I filed a fully developed claim in 2014 with evidence from my private doctor. For some reason they did not service connect my foot injury. I was just seen for it again on a different C&P exam and the doc told me this should have been service connected from when I got out or at least 2014. He also said the VA never did a C&P exam for the 2014 claim. I just 10%…
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SMC for Aid and Attendance
Hi, I seen my decision posted on e-benefits. I went from 90% P&T to 100% P&T but I don't see a SMC L listed for the Aid and Attendance benefit. Does that mean I was denied? Also, I was given 40% for my back but 60% for my bladder secondary to my back. Is that right?
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Recent CUE winner
Mieka , I realized I had commented to you in my word program but never posted the reply here: https://community.hadit.com/topic/75371-senior-reviewer/page/2/?_fromLogin=1 And here: By all means if you feel the evidence would warrant a better EED on the CUE award, definitely file a CUE on the award. I have a EED CUE pending on an Award of a CUE. Their EED error is ridiculous. I moved this all into the CUE forum. Easier to find.
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Recovered lost original STRs
Hello helpful Hadit community, I am trying to help my husband with some claims he originally submitted in 2009, all of which were denied. He never re-filed until 2019 but asked for an EED d/t missing STRs that appear to have been found in 2018. He did a FOIA for his file in February 2019 to see what was in there before submitting his claims again, and as a result, received copies of records that were previously missing and he had never seen before. Although some of those claims were now recently approved/SC'd they denied the EED's because they said HE sent them the records. They are so confused. I have put together the attached timeline with screenshots of their own…
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Was Remand Followed?
Good Evening, I've been absent for awhile, but I finally had my BVA Hearing back in December and was told it would take roughly a year to complete. My original post is here: From what I can gather, they're telling me that I need to file a CUE for some of my Claims. For other parts, they are being remanded. I will post the Decision here tomorrow. I'm attaching copies of my current Notes on my case along with: Left Knee outline Back outline 2006 C&P Exam I copied my 2005 BVA Remand into my Notes. I can't see where the Remand Instructions where followed in my 2006 C&P Exam. I've adding the Outlines so you c…
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Asking for an opinion on a CUE
Thank-you in advanced for reading and if anyone can provide opinion. I filed a VA Claim in 1990 less then year post leaving Active Duty service w/honorable discharge. I vaguely recall filing it because I was in a bad place. I remember walking into the the DC VA Hospital in 1990 to seek medical care and asked for an appointment to see a VA Dr. for a continuity of symptoms/medical issues that began and worsened in service and continued. I had no idea that I had to be SC to receive VA care in 1990 less then year off active duty. So that went down well as you can imagine especially since I was there to seek help for what I called unresolvable stress, TMJ pain/headache…
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