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CUE Clear and Unmistakable Error
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686 questions in this forum
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tdiu Is This A Cue/opinions Please
I am helping a family member who is a retired VN vet with his case where the VARO is trying to reduce his award. In the process of gathering documentation we requested copies of ALL his claim files. I just got to looking and in 2004 he filed for TDIU, he was at 80% and was forced to quit working due to his SC'd total knee replacement. Which also caused his other knee (also SC'd) to deteriorate to a point that his mobility was severely limited. Ok, so I'm reading the C&P exam and it states that due to his "non" SC'd and SC'd disabilities he is unable to work, and if he did find work would not be able to maintain it. It was my understanding that the benifit of doub…
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tdiu Claiming Tdiu
Please help me understand this statement, what I think I understand is if the veteran meets the minimum requirements of one condition being rated as 60 percent or more than one condition with one being 40 percent and have a combined rating of 70 percent when claiming TDIU, the rater is supposed to disregard any and all non-service connected disabilities. Am I reading this wrong, I am just totally lost or what give? I just don't understand. 4.16 Total disability ratings for compensation based on unemployability of the individual. (a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person i…
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Hi
The presumption of soundness means that veteran will be considered to have been in sound condition when examined, accepted, and enrolled for service. Moreover; Every veteran shall be taken to have been in sound condition when examined, accepted, and enrolled for service, except as to defects, infirmities, or disorders noted at the time of the examination, acceptance, and enrollment, or where clear and unmistakable evidence demonstrates that the injury or disease existed before acceptance and enrollment and was not aggravated by such service. You will need to get all your prior-to-service militay record make sure you read, read and read. You need to prove that prior…
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Presumption Of Soundness
B) How is everybody doing today? I found part of the 1976 decision concerning my Rating Decision it states it states Evidence of record is insufficient to substantiate aggravation of veteran's pre-service knee condition. Can someone explain to me is what I think it means that the VA did not have my Service Medical Records? This is getting crazier by the moment. On the the 1999 decision it states the evidence of record included my SMR it also states the MEB dated Aug 2, 1974 stated I was fit for duty with permanment assignment limitations but it fails to mention that the MEB stated the that military permanment aggravated this pre-exiting condition. The decision also stated…
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ptsd 2010 - Bva Cue For Ptsd Back To 1982
2/16/2010 BVA Decision grants an effective date back to Oct. 1982 for PTSD 38 CFR 3.156© http://www4.va.gov/vetapp10/files1/1004548.txt Citation Nr: 1004548 Decision Date: 01/29/10 Archive Date: 02/16/10 DOCKET NO. 08-10 060A ) DATE ) ) THE ISSUE Whether a June 23, 2004, decision of the Board of Veterans' Appeals (Board) denying entitlement to an effective date earlier than June 6, 2000, for the grant of service connection for posttraumatic stress disorder (PTSD) should be revised or reversed based on clear and unmistakable error (CUE). REPRESENTATION Moving party represented by: Joseph R. Moore, Attorney at …
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ptsd 2010 Bva Cue Granted Ptsd Eed To 1982
http://www4.va.gov/vetapp10/files1/1004548.txt Citation Nr: 1004548 Decision Date: 01/29/10 Archive Date: 02/16/10 DOCKET NO. 08-10 060A ) DATE ) ) THE ISSUE Whether a June 23, 2004, decision of the Board of Veterans' Appeals (Board) denying entitlement to an effective date earlier than June 6, 2000, for the grant of service connection for posttraumatic stress disorder (PTSD) should be revised or reversed based on clear and unmistakable error (CUE). REPRESENTATION Moving party represented by: Joseph R. Moore, Attorney at Law ATTORNEY FOR THE BOARD M. Riley, Associate Counsel INTRODUCTION The moving party (hereinaf…
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2010 Bva Decision Grants Cue On 1973 Rating Decision
http://www4.va.gov/vetapp10/files1/1001265.txt Citation Nr: 1001265 Decision Date: 01/08/10 Archive Date: 01/15/10 DOCKET NO. 08-04 783 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Jackson, Mississippi THE ISSUE Whether there was clear and unmistakable error (CUE) in a December 1973 rating decision that denied service connection for paranoid schizophrenia. REPRESENTATION Appellant represented by: Samuel M. Tumey, Attorney-at- Law ATTORNEY FOR THE BOARD K. Fitch, Counsel INTRODUCTION The Veteran had active military service from August 1969 to September 1971. He had be…
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Now Lawyers Are Trying To Take Us To Court!
Here I am writing for opinions on this: WE won our claim after 12 years pretty much by myself writing letters to Senators and Congressman we had hired a lawyer previous to our DRO hearing who worked for the current ones who are trying to take us to court in a month: Here is a brief sceneario-- We signed a fee agreement they said they couldnt represent us without it Now they state"they thought we were their friends and never filed the fee agreement" ? "the VA says they never filed the fee agreement/ and then: I got a letter from the AMC -before the claim was resolved a year and half ago-saying( they )were asking for payment-I said payment for what nothing is closed …
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ptsd Is This A Cue Claim?
Greetings: First, I'll start with a little background. A)2004 discharged from the Navy (Personality Disorder)(FMF Corpsman) B)2007 officially diagnoised as having Chronic PTSD, Chronic BiPolar (private shrink) C)2007 Awarded FULL SSD benefits (PTSD,Bipolar), 10% Service connected.(PTSD) From 2007-2009, I was in severe depression, hardly left the house, and only went to my Shrink Appointments, because I did not have insurance, I could only see a Counselor, who was able to keep me on medication. Feb 2009, I started to use the services of the VA for my mental health treatment. To my surprise the private shrink that I had been seeing before, now worked at the VA…
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Cue Claim ?
Hi all, Do you think this is a CUE and if so tell me why. On Sept. 9, 1983 vet filed an application for Compensation. On Sept. 15, 1083 it was written on Application "3101 SENT SMR'S - DID NOT PRINT - RIBBON WAS OFF". It was written by someone with the initial of CB. On 2-21-1984 Rating Decision states "Service medical records concerning this veteran are not available." A report form Dr. XX indicates he treated the veteran in 1978 for a right knee condition diagnosed as degeneration of knee, right. X-rays showed two screws in the upper tibia just below the joint surface probably due to a plateau type fracture. It goes on to state: "The evidence of record is in…
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Cue Claim
x x x My BVA Motion for Reconsideration was Denied 3/23/10 --however, the BVA did refer my (ammended) CUE claim to the VARO for initial development!! So, it ain't over yet, in fact, it's starting all over again. I don't know wheather to laugh or cry ... My Claim involves a non-final, 1988 decision and a rating decision of 1999. Instead of filing CUE on the 1988 non-final decision, I SHOULD have filed CUE on the 1999 rating decision. Ah well, live and learn. My CUE claim has been nearly perfected and has been "referred to the Regional Office for appropriate action". ~~~Wings
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ptsd Cue From Hell?
I left Vietnam in 1966. In 1969 I woke up in Walter Reed after being cut down from a water pipe where I hanged myself. I was diagnosed with "Immature Personality Disorder". I left the army in 1977. In 1983 after a number of problems I put a claim in for PTSD. I was sent to Columbus Ohio for both a physical and a C&P. The doctor that did the physical diagnosed me with Adjustment Disorder with Mixed Emotional Features. Ten minutes later I was sent to the Chief of Psychology Service who gave me a diagnosis of PTSD,Chronic. My claim was turned down due to the fact that the VA used the first diagnosis. To make a long story short, I re-submitted the claim again in …
0 votes6 answers