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CUE Clear and Unmistakable Error
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686 questions in this forum
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ptsd Philadelphia Naval Hosptial
Does anyone know where the records from this hospital would have been archieved? I can't find anything online. Also, any thoughts on this: I am helping a Veteran friend with an old claim. When he came home from Vietnam, within the week, his parents took him to the Naval Hospital b/c he was having issues (He thinks this was the start of his PTSD actually but didn't realize it). He must have made a claim (he thinks it was autogenerated) for earaches, and a skin rash. We have the rating denial from his CFile. But of course there is no record of his hospital stay at the Navy hospital. It was denied back in early 1969 stating "service clinicals are negative for any treatm…
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Ten Year Old Forgotten Claim Now In Administrative Review.
Hi I served three years in the Army from 2000-03 as a 11c with an honorable discharge. I ets from camp casey korea and had filled a claim during my exit exam for my left knee and left shoulder. Both were approved for tendonitis and i was rated at 20 %. At the time of my exam i also complained of lower back and hip pain on my left side. I belived it was due to my left knee. We were road marching and running a lot in korea, thats what the infantry does. In 2004 when i got my 20% rating for my knee and shoulder the claim for lower back and hip pain were deferred.Fast forward in jan 2013 i went to the county vso and had them help me file for an increase for my shoulder it has…
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Grounds For Cue That Never Seem To Come Up.
rarely if ever, do I hear of or read of claims where the va has even considered aggravation of an existing illlness or injury. clearly its part of the 38 regs, but they seem to just skip right over it, and dont even acknowledge it. in all of my claims, not one time is aggravation of any conditions ever mentioned. This is a issue I thing we need to press the va on, when fighting back, and trying to win our claims. It may even result in CUE claims in many instances, especially those early claims where they simple state, that the condition was a congenital or developmental defect and they never consider the aggravation aspect.
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Cue Update From 10/2013
History of claim I filed a CUE after rating of 30 % for IHD presumptive for Thailand with AICD 10/2013. AICD was not rated in my claim. ( NOD from 2011). Claim should have been rated at 100%. DAV agrees it was rated incorrectly DAV and RO had me race to get a updated DBQ from my cardiologist last week which they got on Tuesday and it was hand carried to the supervisor of the DRO area by DAV. They said needed to hurry and get this addressed since claim had just closed it would be easy to " rework" it. That all sounded good to me at time but now it is dead silence from DAV and VA. Cue is posted on E Benefits to be resolved 7/2014. Todays update: : Thought I w…
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tdiu Cue On E-Benefits Smc(S) I Didn't File Cue
I filed a claim for SMC (s) Housebound (Vietnam Vet diagnosed with Parkinson's and VA Neurologist says that It's his opinion that I have had parkinson's for at least 15 years) in my claim for housebound I asked for retroactive pay back 9-01-2010, the date my award was granted. I also received award for TDIU, total and permanent with no future exam. I'm wondering why they have SMC (s) CUE on E-benefits. Could they be cueing their self? I contacted my DAV rep. and he doesn't know why and he said he would check on it. Any ideas? GOD BLESS
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hypertension Do I Have A Cue?
Hey Everyone, So here is the deal. I was service connected for high blood pressure secondary to my service connected back, I.E. pain with an effective date of 2002. I was given an initial rating of 0%. So I appealed in 2004 (When they actually SC me) asking for 10% and that was denied. They did a ssoc in 2005 which included denying many issues outside of this issue including the HBP. I received a normal do you want to appeal document after the ssoc which is attached. I stated I was not satisfied with any of their decisions. After that I thought everything went to the BVA. I even went in the RO and asked. I was told yes all your appeals are currently at the…
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Is This A Fair Denial?
Since I did the EECB and was finally able to get a copy of hubby's cfile, I found his original rating decision. I have posted the exact wording below: We have carefully reviewed your claim for service connected disability compensation. The evidence we considered and the reasons for our decision are contained in the attachment to this letter. The evidence establishes the following service connected conditions: Condition Percent Effective Date Seizure disorder 40% 9/1/90 Seizure disorder 20% 11/1/90 Letter Attachment: The evidence we considered in making …
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Cue Claim- Medically Discharged & Claim Denied
I was medically discharged from the military in 1997 due to migraines and upon leaving was given a combination of severance & disability lump sum payment. I filed a VA claim a few years later (2002 or 2003) for migraines and it was denied. I did not appeal that decision. I reopened the claim as instructed during 1/2010 the claim was approved at a 50% rating by 3/2010. I was surprised the second time around it was a very speedy process and took less than 3 months. Basically at the appointment in 3/2010 the VA Doctor examining me stated the original claim was denied with a comment stating I said I had migraines upon enlisting during MEPS. I told the VA doctor that w…
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Lost Cue At Cavc
I lost my CUE claim that was decided by a panel at the CAVC. They shot down every point and argument my lawyers brought up at the hearing. It seems that even when the BVA admits that evidence that was in the hands of the VA was not used in a rating decision that is not a CUE. The so-called court said that since before 1990 the VA did not have to mention, list or refer to any particular evidence in the record in a decision I lose. No point that my lawyers brought up would have made any difference. 7 years of waiting down the drain. I have not gotten a call from my lawyer, but I read that the CAVC upheld the BVA's denial of my CUE. The BVA denied my CUE but did not di…
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Is This A Possible Cue?
Hi All, I have a quick question about this...Below is what was taken off my "Your Disabilities" page on Ebennies. When I got out of the Army, my medical records show that I had the same problem with BOTH my feet. At the time, however, they rated my right foot as 0%. It wasn't until I went back in 2011 to have a review that they re-rated my right foot for 10% as well. Shouldn't they have caught that back in 1991? I'm not familiar with the process, but just thought it was a little funny. Is this possibly a CUE case? hallux limitus, left foot with degenerative changes to the first metatarsalphalangeal(previously evaluated as hallux vulgus) 10% Service-Connected 06/28/1991…
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Cue Response Time By Va
I sent certified mail to VA calling CUE on an old claim settled in April 2007 on August 29, 2013. How long does the VA have to respond? Or is there a time limit on their response? this is my first CUE, so not sure how the process works. Vern
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ptsd Would Tdiu Being Deferred Be A Cue?
I could really use some direction, just really confused and tired of being patient! So I think I might have a CUE. July 2010, I was awarded 70% PTSD, 30% GERD, 10% ankle = 80%. I asked for an increase in PTSD and GERD and VA logged it as an appeal. April 2011, I submitted for TDIU using 8940, turned in supporting evidence from Voc. Rehab (Oct. 2011), mental health doctor letter(Oct. 2011), SSA Award(Nov. 2011). Feb. 2012, I receive a letter stating that Entitlement to Individual Unemployability is deferred because additional information or evidence is needed, IU will be address after appeal issues are decided. May 2012, VA sends me a letter stat…
0 votes15 answers