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CUE Clear and Unmistakable Error
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686 questions in this forum
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Please help evaluate my CUE letter.
Hello all, Here is the rough draft of my CUE letter. I was rated at 0% for left ankle limitation of motion (5271) on 5/11/1998. Also, 10% for Asthma. Stupidly, I have never interacted with the VA till this year. I have been paying for my inhalers for 18 years. :(. I am revisiting my claims and believe I have a potential CUE based on the fact that no fatiguability tests or Deluca protocols were performed and the C&P Examiner measured my range of motion at 10 degrees of dorsiflexion but declared my range of motion as normal. I would appreciate any suggestions of help, especially in the area of Deluca protocols and fatiguability testing. My understanding …
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ptsd Templates for CUE claims
I am tired of discussing CUE claims. I will try to bump up some of the important threads in this topic on CUE -when I get some time.... that will make it easier for me to refer others to what they need to read because READING is how to win CUE claims. This is a good template for any CUE being filed within the one year appeal timeframe, prior to an NOD being filed: http://community.hadit.com/topic/65701-need-some-guidance-scratching-my-head-on-a-denial/ This veteran knows they committed a legal error. He could see it right off the bat. You have to read the whole thread to understand this type of claim. 38 CFR 4.6 violations will screw up a claim fr…
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hypertension CUE, certainly a lot of errors
Hypertension was denied on 3/28/2016, This is a remand from BVA 2014, where I requested an initial compensation of 10%, in which VARO had denied it in 2013, and only granted service connection rating only. 1/20/2016 I had a DRO hearing, and I explained everything I thought pretty good. I was diagnosed with hypertension on 10/16/2003, it was 161/76 on 7/2003 and was 212/103 on 10/16/2003 and was put on continuous bp medication every since to this present day, these are the bp readings on medications prior to filing claim: 161/76 7/2003, 212/103 10/16/2003, 180/86 12/02/2003, 161/88 12/03/2003, 160/91 12/19/2003, 165/96 2/20/2004, all of this information and evid…
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CUE Possibility?
Hi Everyone, I have gained a wealth of information from your comments, and I do appreciated. I have a interesting situation. I filed for disability SC for my eyes within a year of getting out of the service in April 1970. I was denied. I applied again in May 1978, and was again denied. I didn't do anything until 2006, when talking with a Veteran's advocate and explained my story, he felt I had a good case, and to apply. I was denied , a couple of times until I received a BVA hearing, and I was then giving SC for my eyes. This was in 2014. I felt I was "lowballed" with a 10% rating, until I was given a eye exam at the VA in March 2015, and my rating was increased…
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Clues (by the BVA) for CUEs
I mentioned here before that sometimes the BVA will give the claimant a "clue' on something. They did on a very old decision I got, as the BVA case had been rendered moot by am award at6 the RO and I didn't know I should have withdrawn the claim from the BVA docket. Here is a Beautiful CLUE from the BVA to this veteran: I LOVE IT! "The Board notes the veteran's disagreement with this date. Although sympathetic to this claim, the Board cannot grant an effective date earlier than the date the claim to reopen was received. There is nothing in the record to suggest that VA actually received a claim earlier than February 7, 1997. The law and the regulat…
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Do I have grounds for a CUE?
I recently received a denial from the VA for obstructive sleep apnea. I retired from the Marine Corps in 2008. I am service connected for: ( Not all are listed, just gulf war and ENT type) Allergic Rhinitis With Nasal Polyp Mild Obstructive Pulmonary Disease (Environmental Hazards in Gulf War) Sinusitis (I had sinus surgery in 2015) IBS (Environmental Hazards in Gulf War) Tinnitus In Oct, 2007 I was referred for a sleep study for snoring and excessive daytime sleepiness (EDS). I had a sleep study done that had the following conclusion: (Sleep Care of Wilmington) There were 4.0 respiratory arousals, 4 snore arousals, 30 …
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Help Understanding "The Board" and CUE
Hello, Thank you for reading. I will do my very best to explain this. I have an attorney that got me 100% SC PT; the effective date was November 2012 till well now; it is ongoing is what I mean. He also filed something with the Board called a CUE for earlier effective date to when I first filed in Florida in 2004. This April 2016 it will be 2 years I have been waiting. I am running rather inpatient because I don't understand the process the way I would like. I went to the Board webiste on VA.GOV and it states this, " Currently, the Board is generally distributing cases to Veterans Law Judges for adjudication with docket dates up to October 2013. " But 3 months ago it…
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CUE question: Anyone have any luck with § 3.322 ?
I am considering filing a CUE claim and wonder if anyone here has ever successfully used § 3.322 to justify CUE? § 3.322 covers disabilities aggravated by service. Basically, they subtract the % of disability present when joining the service from the % of disability found during the C&P exam, but there is a catch... Please let me know if I am correctly understanding the last sentence of § 3.322 (a): The way I interpret it required the VA to compare the entrance exam findings to "ascertainable terms" of the rating criteria. If they fail to do that, then they cannot reduce the rating. Am I reading that correctly?
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Opinions Sought on CUE Argument
My NOD is still pending in Waco. It was filed in April of last year. As it has not been reviewed yet, I can still supplement the record. After reading several of the topics here, I see that there are many willing to help. So, here is the CUE portion of my NOD. Anyone that would be willing to read, comment and make suggestions woould be greatly appreciated. 4. CLEAR AND UNMISTAKEABLE ERROR (CUE) 4.1 STANDARD FOR CUE 4.1.1 Claimant is aware that the standard for proving CUE is stringent and difficult; that if reasonable persons could reach different conclusions in the review of a claim, that no CUE exists. That is not the case here. 4.1.2 The…
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Reduction due to preexisting condition
Given this situation: Entrance exam . Decision letter text: Rating criteria This recent BVA CUE win stated the denial was based on verbal statements instead of the presumption of soundness and criteria for aggravation was incorrectly used instead of direct SC. http://www.va.gov/vetapp14/Files3/1422654.txt Question 1 Could the same CUE logic be applied if subjective statements in STRs by the veteran are given more weight than the presumption of soundness and the claim was treated as aggravation instead of direct SC? Question 2 If the VA states "the difference between disability evaluations before and after milita…
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Possible CUE?
On appeal, the BVA awarded me service connection for my left ankle, right ankle, and lower back strain. Question, when they awarded me conditions was the VA required to review my other disables such as my right knee for an increase? The reason I ask, I am currently rated 10 percent for right knee disability but the regulations state if a veteran has multiply joints infected they will be rated 20 percent or higher.
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Won VA CUE Claim, Now What?
Hello, I have recently won a VA CUE Claim award/decision on a couple of service connected disability ratings retroactively several years back at a higher VA rating and to the VA's credit which was decided in my favor without even requesting one..... However its been a couple months now and yet I have received nothing yet, are VA CUE claim awards backlogged for several months perhaps or does the VA pay immediately on VA CUE awards like they do on regular VA claims that are decided in your favor? Thank you
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