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CUE Clear and Unmistakable Error
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686 questions in this forum
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hypertension Retired For Sc Disabilty Too Late To Ask For Reconsideration?
Hello a question that bugs me to this day. I was SC for Migraines back in 2005. I was medically retired prior to my SC for migraines 4 years prior to getting SC. I had my employer submit my records from work and civilian and VA Docs both stated my hypertension was primary reason for migraines. I was injured in civilian job but had nothing to do with migraines so fighting for 4 years I had gotten SC but the date the VARO said they went back to the date I filled for migraines not the day I was retired. Have I waited too long to go back? I am service connected for hypertension, Migraines secondary to hypertension.. Enlarged heart secondary to hypertension I have all th…
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Appreseps
Due to my C&P the VA overturned my discharge to honorable - I got screwed royally during my discharge due to military negligence and misconduct. My ebenifits shows everything turned over to honorable, but I'm waiting on my DD214 to do something. Something popped up on my ebenifits coded apprsepts corr then disappeared. It never gave me any information. Does anyone know what that stands for and if it means something is happening, good or bad? I also know my files are sensitive and restricted at the VA so the people there can't see anything. What the hell is going on? Any help is much appreciated.
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Cue Or Appeal
I got my "white" envelope, guess brown is out of style now. I was declined for DJD of Cervical spine(not service connected). Reasons were: 1. The evidence shows that cervical spine arthritis existed prior to service. There must be objective evidence of worsening of a pre-existing condition in order to establish service connection by aggravation. There is no evidence that the condition permanently worsened as a result of service. 2. VAMC exam conducted on August 18, 2014, notes that you were treated for and diagnosed with DJD of the cervical spine with radiculopathy on March 20, 2009, which was 5 months prior to your active duty service of August 4, 2009. 3. VA…
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Newly Discovered Service Records That Was Avabile
the va could not locate my personel records after two requests mainly because they requested the wrong records for the claimed disability and i told them sooooooo i told them that i had requested my smr's and i received them in 2000 but that i was homeless and they got lost. so i gave them the address i used to get them. to make a long story short , my sister was moving last year and found the folder which i had received in 2000. it has stuff that would prove what i have been saying since day one. that i never recovered from my back injury. it shows where i was removed from duty with the dates more than three times, they denied m…
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ptsd Help
Hello Everyone and thank for all of your help and service. I desperately need your advice because I am at a roadblock. Here is my info: Filed Claim April 2005 - Throat condition, nasal infections and headaches, skin disorder Denied December 2005 *C&P exams were received by VA on December 15 but never used in December decision. PTSD was diagnosed as cause of headaches and nasal polyps were diagnosed during these C&Ps. The doctors linked both to the Gulf War. I did not send a NOD and that was that.* August 2010 I opened a new claim for Throat condition, nasal infections and headaches, skin disorder, CFS and Fibromyalgia. Denied April 2011. Sent NOD 1 Apr…
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This May Not Be A Cue But I Am 100% Sure I Was Screwed
I apologize in advance, this is more than just the bare facts. I am sad today and need to get this off my shoulders. I have been out of the Army since the end of August 2007. I was on the TDRL list because at one point I was so depressed I told the SSG I reported to that I dreamed of crashing my car into a specific tree every day on the way to work.I had previously been diagnosed with Major Depressive Disorder at a previous duty station but because I had orders to Korea and my MOS, 15Q, would not allow me to take the needed medications my treatment fell by the wayside. By the time that I became severely depressed, where I had been a star performer I was now the black …
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Test, Then Cue Question
Test!
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A Plain Reading
the va said my injury was acute, and not chronic, [attachment=6535:alil chroni.jpg
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Cue Question
Hello everybody! My VARO recently changed. I would like to file a CUE claim for the earlier VARO decision. In this case where to file a claim, on new one or the original one who made decision? Can I file use E-Benefitis to file it? Your suggestion please. Thanks
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Clear And Unmistakeable Error
is this a clear and unmistakeable error
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ptsd More Recent Bva Cue Awards
The first 6 months at the BVA showed a whopping 522 CUE decisions. That sure does not mean that many were granted but I think,more and more, veterans are filing CUE claims and certainly they are looking over past VA decisions, very carefully ,as within this recent BVA award. (Some CUEs are "dismissed without prejudice" by the BVA, which means the CUE can be re-shaped and re- filed, and bolstered with better legal evidence of error.) FINDINGS OF FACT 1. The January 1985 Board decision denying entitlement to restoration of TDIU failed to apply the correct legal standard under 38 C.F.R. § 3.343© (1984). 2. Evidence of employability in January 1985 was not clea…
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Bva - Cue Granted - Preexisting & Aggravation
http://www.va.gov/vetapp14/Files1/1410978.txt "As all three criteria for establishing CUE have been met, the Board finds that CUE was committed in the July 1975 Board decision denying service connection for pes planus and that reversal of that decision is warranted. See Stallworth, supra; Damrel, supra; Russell, supra. This finding has the same effect as if the grant of service connection for the Veteran's pes planus had been made at the time of the July 1975 decision."
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