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CUE Clear and Unmistakable Error
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686 questions in this forum
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Assistance Needed
I'm unsure how to start of the question; however, I will do my best to describe the scenero. Discharged from the Army, January 5, 1996. Filed a claim for undiagnosed illness for frequent urination and skin rash in 1997. Claim was denied. I am receiving a 10% rating for LBP and Spondylitis. I have never since 1997 made an issue or filed any claims until now. Upon reading the rating decision from 1997, I have found many issues of concern. VA stated that they used my service records from 1988 to 1995. On their decision about the rash they stated that in June 1993 and December 1993 were the only two times that I was seen for the rash on my leg. Howeve…
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Cue
OK, this is how it is. I have proven that the VA has been wrong about my claim from "69". Both my original decision from 2009 granting my service connection for 70% and my most recent decision for IU (100%) was granted also. There is now no doubt that the VA has been wrong and lying about my claim for the past 40 years....I want to say also that the VA did illeagl things with refrence to my claim. They denied me any outpatient care from the first decision in "69"... They have been doing nothing but lying and feeding BS to me for this 40 yrs. time....How can they deny me outpatient care when I served honorably have an honorable discharge? Isn't that illegal? This situatio…
0 votes7 answers -
Dea Benefit Cue?
Hi all I have recently posted regarding my DEA benefits being denied based on the fact that the eligibility period of ten years had ended. However we weren't married and therefore I was not an eligible person at that time so I could not have eligibility determined. Wellllllllllll. The congressman got involved and I received a statement of case which shows they did not review thee vidence I sent in in support of my claim, and that they continue to deny me. "Evidence: The veteran C&P record (No mention of any other evidence I put in, though the rep on the phone says my evidence was adjudicated on the 19th October last year) Decision: The denial of DE…
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Help
OK! Diagnosed FEB 1966 with pulmonary artery insufiency secondary to the bicuspid aortic {probably congenital} exact words Just got my doppler echo report ,it states the heart including all three leaflet valves are normal and the heart structure is normal. Making that a misdiagnosis and improper and maybe damaging treatment back in 1966 I have had off and on claims for this condition since 1984 finally i just dropped them in 2007 due to health and hospital On JULY 13 2010 i applied again ,asking them if the VA did not have clear and unmistakable evidence when i entered military service ,i would respectfully request the VA re open my claim for reconsidera…
0 votes16 answers -
Cue Yes Or No ?
To: Department of Veterans Affairs Decision Review Officer In regards to Clear and Unmistakable Error found in the original rating decision by the Department of Veterans Affairs on behalf of ____________; the following Code of Federal Regulations was not, as required by law, applied: TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 4--SCHEDULE FOR RATING DISABILITIES--Table of Contents Subpart A--General Policy in Rating Sec. 4.1 Essentials of evaluative rating. It states: both in the examination and in the evaluation of disability, that each disability be viewed in r…
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Va Doctor Did Not Have Service Medical Records
I am in the process of going through the Appears process for an increase for bilateral knee disability. I think some of you will remember when I asked about a CUE claim about 6 month ago. I have been going through my C-File for evidence. I was discharged in November 1974. I filed a claim in 1975. I am looking at the VA C&P exam results for Osgood Schlatters Disease. The Rating Decision stated the Evidence of Record is insufficient to substantiate the clain aggravation of veteran's pre-service knee condition and the Veterans was hopitalized for myocarditis subsequent to to service. In 1999 when I reopen the case. The VA wrote me and ask me if I had a copy of my Service…
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hypertension Heart Claim Cue ?
I got my first [pulmonary insuffiency] claim denial in 1984 Reason for denial was the VA says it was congenital.I have had 3 or four denials and , one rating denial.I have got disgusted me and dropped the claim 4 times because they always wanted more evidence which they had a pile already from hospitalization in 1966 to now from hospitals and doctors. My GOD i was in the hospital 18 time in cardiac and stroke wards in 7 years The last denial came a month ago when i wrote the VA and and respectfully requested that they provide me with clear and unmistakable evedince that it was congenital. tHEY IMEDIATLY GOT MY ORIGIONAL INDUCTION EXAM FROM THE RECORDS CENTER the deni…
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Cue Claim For Migraines
I'm curious if I can still file a cue claim for my migraines that were denied between my leaving the Army up until 2005? I was granted service connection for migraines in June of 2005 but no after the neurologists provided a statement that my migraines initiated and are continued as a result of military service. The odd thing is he used my inservice medical records in addition to his treatment to make this determination. Is this their error or was his indication considered new evidence? Its not really new if it was part of my medical records to begin with right?
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Earlier Date Of Claim
I am wondering why you need to claim a specific disability for an eed- isnt the original application enough with the disbilities that most were successful after 11 years. march sent 21-4138/ to open they withdrew it in June dont know why- then replied in July to that now it is a cue in Sept. award was Nov 09,- anybody make sense of this- Thanks MrsVet
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No C%p Exam
I have been reading over the denial for I U that I received last week. The bottom line for the denial was that I am only rated at 60%. DMII 20# PN RU 10% UL 10% LL 10% LR 10% Macular Degeneration 10% TOTAL 60% The denial states that I reported for a examination, I DID NOT have a C&P for IU. CUE? or give it up until I am rated 70%. I am a 3 mets or less IHD claim pending back to Jan 06. Dave
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hypertension Cue
While I am waiting for the VA to grant my IHD eed claim under Nehmer I was thinking if there actually was a chance that they may just CUE themselves. Here are my thoughts of why I feel this way. My claim of 2003 for heart disease was primarily based on angina. While the VA denied the heart disease claim they did grant hypertension and DM2. At the time the VA had in their possession and noted in the evidence a electrocardiogram that showed a LVE of 50% dated 2002. In the rules for cardio it states that a LVE from 30-50% warrants a 60% rating. In there denial they noted that their walking stress tests showed no heart disease with a mets of 12 but that was …
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Can I File A Cue?
My claim is from illness from Petroleum chmecials, Jet Fuel, Gasoline, Diesel, and I also worked with trichloroethylene. In my denial letter, they only stated Jet Fuel in the denial letter and reasons) and left out all the other chemicals. Can I file a CUE because they ommited important parts of my claim for illness? Note, these chemicals were also clearly stated by a doctor that did my IMO. thanx..
0 votes5 answers