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CUE Clear and Unmistakable Error
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686 questions in this forum
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lumbosacral Great Widow's 38 Usc 1318 Cue
In part: "2. An October 1999 rating decision implemented a September 1999 Board decision granting the Veteran an increased evaluation to 60 percent for degenerative disc disease (DDD) of the lumbosacral spine, lumbosacral strain, and degenerative joint disease (DJD) of the L3-L5 vertebrae, and a TDIU; these increased ratings became effective October 15, 1996. " (The veteran died ,one month shy of the 38 USC 1318 DIC Ten year rule.) "4. The October 1999 rating decision, in considering the evidence and law as it then existed at the time, committed clear and unmistakable error in arbitrarily assigning an effective date of October 15, 1996 for a permanent and total…
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Did Not Get Appeal Notice With Denial
My lawyer said that I could file a cue for not getting a letter that I could appeal my denial. Will this work? When I received my C file a few years back I noticed that there was no copy of the appeal process letter with my denial. I told the lawyer that all I ever got in 1984 was a denial letter with just the words no service connection. Now on the back of the letter way down at the bottom in light blue ink it did say I could appeal but I did not see it. Anyone ever won a cue for this? Thanks, Stillhere
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Clear And Unmistakeable Error
Hello Berta, I need some advice on CUE,that i am helping a veteran with. This veteran served in the army from July of 1974 to October 1984.He filed a claim when discharge oct 1984,for left knee and back. Claim was denied,July 1986,appealed,denied again in Sept 1987. THE REASON:The rater's statement; i have throughly went through the veteran military Medical Records,he hurt his Lknee and back,during basic training july 1976,records show,that he had a little tenderness in Lknee,and a ace bandage was used,he hurt his L knee working with chisel October 1977,treaments show,contusion,tenderness,no follow ups and also he had a motorcycle in June 1980,and hurt his leg,but none sp…
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Misread Smr Notes
In my original denial for sleep apnea in 1992, the letter said by my own statement, I had sleep apnea all my life. They also alleged I did not appear for a C&P exam (which was scheduled after the denial date -- and I appeared. C&P did not address sleep apnea, so I think they denied it bases on my alleged statement. I had this reopened in 2012 and received my award letter last month. Basically, what happened was the treating doc was addressing two complaints -- sleep apnea and a rash on my chest. He wrote down notes about the OSA then asked me how long my left side had been larger than the right (to see if it had anything to do with the rash). I replied that …
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Clear And Unmistakeable Error
CITATION NUMBER 9224425.and ] DOCKET NUMBER 91-18 663 Berta i try to scan it, couldn't get my computer to work right, good i didn't because i found his1992 BVA Claim and citation number on the DVA web site by using his docket number,and there are more information. Thank u Berta,if we can win this award for this veteran,i am going make sure,he give DONATE some $$$$$ to HADIT! 9224425.txt
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ptsd Need To Get Va To See A Claim As Cue
Hello to all, VA refuses to recognize claim as CUE! Below is a copy of what appears on my husband's ebenefits account. It took a little while for this to sink in to me that this is the CUE that we had sent to Montgomery, AL in April of this year. Then when I talked to someone at the 800# he informed me that no matter where you send a claim it is always sent to your home state's regional office.One thing that threw me off was that he has a recent claim in for increased evaluation of his PTSD. I have no clue how to make the VA see this is a claim for cue! I have spoken to two reps at the 800# and stressed that this is a claim for cue.The VA is treating it as a claim for…
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ptsd Jurisdiction Of C&ue
My Vietnam veteran husband is at 50% SC for PTSD & has been since 2008. 1990 was the first time he filed a claim for PTSD & he let that claim become final. Again in 2002 he filed a claim for PTSD & when he was denied he did not appeal and that claim became final. At the time of the 2 claims mentioned we lived in Alabama. So these claims were decided in Montgomery, AL. After moving to Mississippi, he got his claim re-opened in 2008 by submitting new and material evidence. That claim was decided in Jackson, MS. In July 2012 he filed for an EED on his 2008 award for PTSD( which at the time was at 30% ) to include C&UE & to extend back to 2002. At the sa…
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Do I Have A Cue?
Hi All, I am wondering if I have a CUE for the service connection of bilateral Pes Cavus: Nov. 1991 - Entered USMC boot camp with no foot problems prior Dec. 1991 - Fractured Right Foot 3rd Metatarsal May 1992 - Stress Fracture Left Foot 3rd Metatarsal Nov. 1995 - Discharged Honorably and filed for service connection of both feet June 1996 - Residuals of Fractured Right Foot 3rd Metatarsal service connected and rated 10%, residuals of Stress Fracture Left Foot 3rd Metatarsal service connected 0% August 1996 - Diagnosed with Pes Cavus bilaterally at local VA hospital Sept. 1996 - July 2000 - Several more diagnoses of Pes Cavus, unforgivi…
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Cue Advice
[iF] If you can keep your head when all about you Are losing theirs and blaming it on you, If you can trust yourself when all men doubt you But make allowance for their doubting too, If you can wait and not be tired by waiting, Or being lied about, don't deal in lies, Or being hated, don't give way to hating, And yet don't look too good, nor talk too wise: If you can dream--and not make dreams your master, If you can think--and not make thoughts your aim; If you can meet with Triumph and Disaster And treat those two impostors just the same; If you can bear to hear the truth you've spoken Twiste…
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ptsd Three New Cue Awards At Bva
There are 202 BVA decisions regarding CUE so far in 2014 at the BVA web site. I dont have time to read them all and most were probably denied..... but reading BVA denials of CUE gave me as much insight as awards did when I Cued them This is a long read but a winner: (it also shows how important the proper characterization of a disability is) In Part: "Thus, as the August 2007 rating made the same mistake as the February 2009 decision which the RO found to contain CUE, the Board finds that the August 2007 decision likewise contains CUE. Having found CUE in the August 2007 rating decision, the effective date for the grant of service connection for degenerativ…
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ptsd Three There Are 202 Bva Decisions So Far In 2014 At The Bva Web Site. This Is A Long Read But A Winner: (It Also S 2014 Cue Awards At Bva
There are 202 BVA decisions so far in 2014 at the BVA web site. This is a long read but a winner: (it also shows how important the proper characterization of a disability is) In Part: "Thus, as the August 2007 rating made the same mistake as the February 2009 decision which the RO found to contain CUE, the Board finds that the August 2007 decision likewise contains CUE. Having found CUE in the August 2007 rating decision, the effective date for the grant of service connection for degenerative joint disease of the left knee, characterized by instability, should be June 1, 2007, the first day after the Veteran's discharge from service, which is consistent with the …
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Cue-What It Is And What It Isn't
Over at my site, I get asked about once a day about CUE. Same for SMC. The problem is that Mr. Potato Head is not a tool for teaching CUE. I assembled this little primer to bring Vets up to speed before they go into the Frequently Asked Questions phase. Hope it helps some of you to save time if you chose this tortured path to justice. http://asknod.wordpress.com/2014/05/02/cue-the-quintessential-elements/ A sends
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