CUE Clear and Unmistakable Error

686 questions in this forum

1. 2011 Cvac Grants Sc--For Two Bva Cue Denials Of A 1963 Claim Remanded For Readjudication

   This CUE Winner Proved!--VA failed to consider both prongs of 38 U.S.C.A. § 1111 for rebutting the Presumption of Soundness. http://www.va.gov/vetapp/wraper_bva.asp?file=/vetapp11/Files2/1115486.txt Citation Nr: 1115486 Decision Date: 04/20/11 Archive Date: 05/04/11 DOCKET NO. 02-15 026A ) DATE THE ISSUE: Whether there was clear and unmistakable error (CUE) in a September 1963 rating decision that denied service connection for a right knee disability. INTRODUCTION The appellant is a veteran who served on active duty from September 1961 to May 1963. This matter was originally before the Board of Veterans' Appeals (Board) on appeal from a March 2003 RO d…

   Asked by Jumpmaster, July 12, 2012

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   3 answers
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3. The Ro Did Not Properly Apply The Presumption Of Service Connection Law For Certain Chronic Diseases...

   http://www.va.gov/ve...es5/1146734.txt 2011 BVA grants CUE on 1993 decision - However, the RO failed to discuss whether the post-service carpal tunnel surgery, which had to have occurred within one year of the Veteran's May 1992 discharge from service, demonstrated that carpal tunnel syndrome was manifest to a degree of ten percent or more within one year after service. Since it was undisputed the Veteran had undergone carpal tunnel release surgery as evidenced by his surgical scars in early 1993, the necessity for surgery at that time as directed by a physician confirms his carpal tunnel disorder must have been manifest to a degree of 10 percent or more prior to hi…

   Asked by carlie, July 10, 2012

   0 votes
   1 answer
4. Will Varo Correct A Cue Where Medical Negligence By Army Doctors Is Identified?

   ISSUE: The Tort statute of limitation for the Army’s medical negligence occurring in 1982 that was filed at VARO for service connection in 1991 claims has expired. QUESTION: Can a recent discovery of the Army Doctors medical negligence evidence be justified under Tort law based on VARO conspiracy to conceal such evidence, and deny benefits for injuries and residuals effect resulting from emergency military surgery? Pending Reopen and Rating For: SC Left Inguinal Hernia, Removal Damaged Testicle Secondary to Hernia Repair, Residuals for Nerve Damage and Lateral Scarring Secondary To Surgery, and Loss of Use Of A Creative Organ. BRIEF SUMMARY: Severely depr…

   Asked by Jumpmaster, July 2, 2012

   0 votes
   5 answers
5. tdiu Tdiu Reduction Overcome By Cue Claim (Retro 1982)

   I dont know if this beautiful CUE award is here yet. Carlie forgive me if you already posted this. In part: “Analysis In July 2010, the Veteran's attorney submitted a motion for CUE, alleging that the RO failed to consider 38 C.F.R. § 3.343© when it terminated the Veteran's entitlement to TDIU in a decision dated May 17, 1982. The Veteran did not appeal the May 1982 decision and it became final. 38 U.S.C.A. § 7105. “ and “In March 1981, the RO granted the Veteran's claim for TDIU and assigned an effective date of October 1980. On May 17, 1982, the RO terminated the Veteran's entitlement to TDIU effective September 1, 1982. The rating action referenced the …

   Asked by Berta, July 1, 2012

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   4 answers
6. Cue And Severing Service-Connection

   Dear Hadit; First, let me start by apologizing for posting on the wrong forum. I did not mean to hi-jack anyone else's post. Second, I was asked what month in 2002 my SC was established. My C&P was in July and my grant was in October, 2002. I went through Voc Rehab 2003-2005 due to my qualified disability. If anyone has questions, please feel free to ask. Thanks! REPOST from yesterday: I have just received a severing decision to my sc knee. The decision argues within itself...; it acknowledges my dislocated patella in the service and that a later automobile accident doctor verified it was an old injury, reaggravated by the accident. Due to the area of AF s…

   Asked by AF1982, June 6, 2012

   • cue sever disability
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   34 answers
7. Cue Granted - In Failing To Consider Relevant Evidence Of Record.

   http://www.va.gov/vetapp/wraper_bva.asp?file=/vetapp08/Files5/0844495.txt CONCLUSIONS OF LAW 3) A February 2000 RO rating decision is clearly and unmistakably erroneous in failing to consider relevant evidence of record. 38 U.S.C.A. § 5109A (West 2002); 38 C.F.R. §§ 3.303, 3.105 (2008).

   Asked by carlie, June 17, 2012

   0 votes
   0 answers
8. Reduction Due To Va's Cue On A Prior Initial Decision

   http://www.va.gov/vetapp/wraper_bva.asp?file=/vetapp10/Files4/1039219.txt Allergic Rhinitis In the July 2008 rating decision on appeal, the RO found that the August 2004 rating decision contained CUE in its award of a 30 percent evaluation for allergic rhinitis. The RO concluded that the Veteran clearly and unmistakably did not meet the criteria for a grant of a 30 percent rating for allergic rhinitis in August 2004, and the rating was reduced to noncompensably disabling, effective October 1, 2008. The August 2004 rating decision rated the Veteran's allergic rhinitis as 30 percent disabling under Diagnostic Code 6522 pertaining to allergic or …

   Asked by carlie, June 17, 2012

   0 votes
   0 answers
9. Winning Cue Claim For Research

   http://www.va.gov/vetapp/wraper_bva.asp?file=/vetapp11/Files1/1108559.txt

   Asked by carlie, June 17, 2012

   0 votes
   0 answers
10. Cue Granted Back To 1971 On The Denial Of A Smc

    http://www.va.gov/vetapp/wraper_bva.asp?file=/vetapp11/Files1/1108716.txt CONCLUSIONS OF LAW 1. Clear and unmistakable error is shown in the September 17, 1971, rating decision to the extent it did not grant entitlement to special monthly compensation based on loss of use of a creative organ. 38 U.S.C.A. § 5109A (West 2002); 38 C.F.R. § 3.105(a) (2010). 2. The criteria for an effective date of July 7, 1971, for the grant of special monthly compensation based on loss of use of a creative organ have been met. 38 U.S.C.A. § 5110 (West 2002 & Supp. 2010); 38 C.F.R. § 3.400 (2010).

    Asked by carlie, June 17, 2012

    0 votes
    0 answers
11. Great Cue - Correct Facts Were Not Before The Board At The Time

    http://www.va.gov/vetapp/wraper_bva.asp?file=/vetapp11/Files1/1109510.txt FINDINGS OF FACT 1. In a November 3, 2008, decision, the Board denied the Veteran's claim of service connection for posttraumatic stress disorder. 2. The correct facts were not before the Board at the time of the November 3, 2008 decision. 3. It is clear that the outcome of the November 3, 2008, decision would have been different if the errors had not been made. CONCLUSION OF LAW The November 3, 2008, Board decision was clearly and unmistakably erroneous to the extent it denied service connection for posttraumatic stress disorder, and is hereby revised to reflect granting su…

    Asked by carlie, June 17, 2012

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12. tdiu Please Advise On Possible Cue

    Hello fellow Vets and friends of HADIT Im considering filing a CUE claim and would like opinions on facts related cause there are some very knowlegeable vets here! 1. 1978 in service surgery performed on hand. Diagnosis Caverous Hemangioma, no medical history prior to service. 2. inadequate procedure worsen condition and create residuals SMR documented including nerve damage, marked range of motion deficit, wrist and fingers 3. permanent profile issued limited duty until discharge. 1979 honorable discharge. 4. claim filed within 1 year and denied. NOD but no appeal. no representation 5. SOC issued states VA neurological examination was negative, "reasons…

    Asked by Mike409, May 30, 2012

    0 votes
    20 answers
13. Cue Help Please

    I filed a CUE in 2011 with a service officer for my knee and back. In 2004 I had a C & P for my knee and back. I was denied, the VA said I failed to appear for the C & P which is why my claim was denied. I didn't think I could do much until a friend said I had a CUE because the VA denied my claim when I had proof of the C & P. During that C & P the doctor found four other issues that I didn't know I had; high blood pressurer, tinnituis, polyp, flat feet. I just received a VCAA where the VA stated, "We are unable to process your claim for a CUE at this time"...they site a case "Russell and Collins v. Principi..saying "we will take no further actio…

    Asked by jhilly, June 7, 2012

    0 votes
    2 answers