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CUE Clear and Unmistakable Error
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686 questions in this forum
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ptsd Did the VFW file my CUE correctly?
I have worries my VSO did not correctly do my CUE. A little background first. I filed for PTSD, increase in back rating, migraines and was granted all with 70% for PTSD, 50% for Migraines secondary to my Back which was granted at 50%. Furthermore I was previously rated at 10% R Carpal Tunnel, 10% Left Carpal, 10% R Patellofemoral Syndrome, 10% L Patellofemoral Syndrome. After getting my PTSD and other ratings back I immediately filed for and was granted TDIU P+T in 2013. After hanging out on Yuku I learned about Bradley v Peake and Fast Letter 09-33. Out of curiosity I checked to see what language they used for granting me TDIU. And this is what it says: "The VA…
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Great Schizophrenia Cue
I had to help a advocate/ member from our old 2005 hadit board today... a very convoluted case. and I found this great CUE award to help him with: Schizophrenia is a psychosis falling under the Chronic presumptives. He is the veteran's POA , although not a vet rep, ....VA allows almost anyone to rep vets, I forget the criteria for his limited accreditation.....and he is trying to re -open a past denied claim as well as file a CUE on a 1981 claim for the veteran regarding schizophrenia.. Dont know if anyone posted this CUE here yet...I think it is delicious.. "Moreover, per a recent decision of the U.S. Court of Appeals for the Federal Circuit (Federal Cir…
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Overpayment due to VA oversight and waiver
I was approved permanent and total back in April of 2014. I didn't receive the notice until the end of July. My children were approved chapter 35 benefits which they retroactively paid to my daughter dating back to April 2014. She requested they start her benefits in August 2014 but they still paid back to April regardless of her request. Prior to that I received benefits for her since she was in college and I was at 100%. I was told she would immediately be dropped from my benefits since she would be receiving chapter 35 benefits. I also sent in a request to remove her from my benefits at the same time. The VA has taken their sweet time removing her and processing…
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ptsd PTSD CUE Help
I have been fighting the St. Petersburg RO with my PTSD for six years now. I failed to submit a NOD at the time (2010) denying TDIU.. After reading several of fellow vets on this board i see I need to now to make a motion of CUE. As a result I have drafted a motion using the advice from Bertha, Tbird and others experts. I'll like to have the team review what i drafted so far for advice and counsel. If there is anyone that agrees I'll post a copy for all to comments.
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CUE or EED for undecided foot exam
hello all, I finally got it figured out. Here is the info that I eluded to on a different thread refering to EED. I found this in my C-file while searching for info for a different contention. I had a exam this past summer and was rated 30% for pes cavus w/planar fasciitis, bilateral. Does this qualify for a CUE or EED? There is no decision regarding the foot exam. MED VA GOV DATE OF EXAM APR 17 2006 GENERAL REMARKS The veteran is claiming an Increase in residuals of a Left ankle injury please provide current symptoms including painless range of Motion In degrees for the condition noted above also note if there is additional loss of motion or fatigability with repetit…
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Thinking of filing a CUE Claim
The crazy one here, For those of you thinking on filing a CUE Claim or requesting VA to CUE themselves, as I always say that you better have a good grip on the CUE regulations as Ms. Berta has or you better hirer an experienced veteran law attorney. It would help your claim if you could simply file a NOD if you were recently rated. I myself have lost CUE Claims and trying to help veterans they have lost CUE Claims but I myself and in helping veterans have won NOD claims that covered the same time period as the denied CUE Claims. I think because Cue Claims are more stringent, more strict, more specific in VA law and the NOD evidence clearly showed that VA should have gr…
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"CUE claim" vs. "Asking VA to CUE themselves"
I have read through some of the CUE topics and would like to ask what the difference is between filing a "CUE claim" vs. "asking VA to CUE themselves" or are they practically the same thing? I know that a CUE is a one shot deal, so if someone did ask the VA to CUE themselves, would that eliminate the one shot afforded by the veteran?
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Possible CUE - Need Advice
Hello, I have a question on a possible CUE. I completed a FDC within one year of starting it. In that one year timeframe, my now terminated VSO, also filed an intent to file(s) with out my authorizations. Now, § 3.155 gives clear guidance from the secretary that the VA will not recognize more than one intent to file for the same benefit. On completion of my FDC on Ebenefits, the RO combined both claims 08/06/2015. My FDC was started 09/04/2014 and completed 08/05/2015. Also, my FDC falls within a year of getting released from active duty service. The VSO submitted intent to file(s) dated 05/12/2015, 05/30/2015, and again 06/05/2015. ALL WITHOUT MY AUTHORIZATION and a…
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degenerative arthritis CUE for one rating.
Hello all, I have been away awhile busy with appointments and work etc. I have a question one rating and if it should have had two ratings instead of one by the verbage used from the decision. I've had the BBE for a week now and still digesting and reading and re-reading. Issue/Contention: XXXX knee degenerative arthritis, 20% status post meniscal tear with ACL reconstruction and ACL deficiency Explanation: The provisions of 38 CI'R $4.40 and $4.45 concerning functional loss due to pain, fatigue, weakness, or lack of endurance, incoordination, and flare-ups, as cited in Deluca v. Brown and Mitchell v. Shinseki, have been cons…
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Will this fly?
I am prep'ing a CUE request via VA 21-4138, on a statement in support of claim. Looking for feedback. This is a Request for ...Edited see below
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VA says they made a CUE in awarding me shin splints & knee disability
I apologize for the long post but I need help as the VA has made a complete disaster of my claim. My original decision from predischarge exam I was rated 10% for shin splints of the right and left leg along with 10% for each of STATUS POST LEFT KNEE MENISCECTOMY WITH DEBRIDEMENT and PATELLOFEMORAL SYNDROME OF THE RIGHT KNEE. The shin splints were rated analogously as 5262-5022 but MY condition never actually included a knee disability any where in my records as was noted in the rating decision here from October 2004 here: We have granted service connection· for your bilateral shin splints. The available service medical records submitted for review show you were initially…
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Verification
I would like confirmation that I'm correct in my calculation that my husband is at 70% He was denied by DRO review because he is not at 70% He has been 70% for 4 years with 50% bilateral, 20% and 10%, I have used several different formats and always come up with 68% which would be 70%. A little background. He was a Veteran Benefit Rep in Kentucky. In July, 2010 he had surgery on his left foot, screws and plates were put in and his ankle was fused. The Kentucky Department of Veteran Affairs denied his request for time off for surgery and recovery, He was desperate to get pain relief so he took retirement with only 10 years of service. He was given 3 months of 1…
0 votes26 answers
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