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CUE Clear and Unmistakable Error
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686 questions in this forum
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Original Date Of Claim
Thanks for all your replys about the Champa - got in touch with them and got the ball rolling for my medical- took alittle break cuz I broke my toe shoveling snow ouch!!! :o So anyway, just got back the audit I sent for 2 months ago- and its crazy how my numbers and those do not quite match- Question: getting to the ODC- opened in 1998- no lapse in between-all SOC denials were based on July 99-when there was not much evidence at all because I was new at this/ how can they say I opened the claim in 2002- when all the denials were based on 99-and 2000? they word it "on the date you reopened your claim" I did an online app. back in 02-because I wanted to make sure…
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I Do Have A Cue Claim Final
AS I stated I have a cue claim on varo for final decision I did not appeal the decision, cue was for total disabiled non-service connected conditions. no penison was offered,I am 100& service connected ,I waited a year before I filed cue, so varo and the veteran Is bound to final decision,I will get a early effected date,under cue, motion was sent to varo who made final decision to response, as of yet, there Is no answer from varo, In time I may get a court order,
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Question?
I have a few claims that were denied in 1997. Per the statement of the case the VA denied the claims because the disabilities were not well rounded, mainly because the disabilities were not found on my separation exam. I just reviewed my separation exam and these disabilities we clearly listed on my separation exam. Could this be considered a CUE?
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To Scream Loudly Cue Or Not
I had a claim back in 2002 for both knees and hip SC claim on my SMR which clearly showed history of injuries during active duty and surgery after service RO claimed that my workmans comp was reason for knees and hip claim. Never checked with SS or My last employer just "assumed". The list of errors the pro bono (?) lawyer listed is just error after error. Now that the case was remanded back down to the same hospital I am sure to get the same person who screwed up the first time. I have had every one of my claims go through this guy and he always low balls me on my claims. Frustrated as I am happy with Lawyer who won the case but the Lawyer is not that familliar with VA s…
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New To The Site
Hello everyone Im new to the site. I have been following this site for a while now and its an awesome site for Vets and their love ones. I am 10% SC for IVDS. I had surgery on L4-L5 disc. I was granted SC dated on Jan 1, 2005. In the award letter for the rating decision for the IVDS it stated that an MRI on April 26, 2004 showed findings of L4-L5 central disc protrusion with mass contacting L5 nerve root. In my medical records that they used to come to the decision clearly states that I was diagnosed with radiculopathy. I've read many post on this site and also the VA training letter on IVDS. The way I understood it was the VA has to rate any neurological finding seperat…
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Appeal To The Court Of Veterans Appeals
I was a member of this group 10 years ago and we laughed at the time vets had spent waiting for decisions from the VA. Some only a few years of dealing with the VA, then there were many more waiting 10 to 20 years, I had recorded 30 years back then. Now ten years later the VA will finely after many remands, and filling out VA form 9 three times, (the VA still is misplacing our records,) let me appeal my claims to the Court. Maybe. (From a remanded appeal by the Court in 2001.) I am appealing a number of issues of the remand but they all end up at the same starting point for service connection. When an initial claim is taken (1971), is it a CUE if there …
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Cue
B) I found this case on the internet. Citation Nr: 9913396; Date: 05/17/99; Docket NO: 98-00 006 I think this is what I was looking for. It applies to the Presumption of Soundness, MEB, and PEB. This is something I have been trying to figure out and haven't been able to get the VA to clarify for me, if there is a difference between the MEB and PEB which one carries the most weight. In this case the MEB stated this individual developed a mental disorder in service and his entrance exam stated he was in good mental health. He was treated in a military hospital and he had made a statement that mental condition pre-existed military service. The PEB stated his mental conditio…
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Cue
I have been reading some of the replies to question. My question is what is the difference between CUE and Earlier Effective Date. When I filed a claim for bilaterial knee condition back in 1976 I was denied. When I re-open my clair in 1998 I won on appeal. When they denied me in 1976 the VA stated I had Osgood Schlatter Disease that pre-existed Military Service and wasn't aggavated by military service. I have asked over the years what evidence they had to come to the conclusion I had Osgood Schlatters Disease before I enlisted in the military. The only thing I can see in my military medical records is a statement by a doctor that said I stated I had pain below my knees w…
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Forwarded From Claims Discussion
I'm wondering, since a personality disorder is developmental and not a disability, is it a CUE if the Veterans military personel history is not discussed or listed or otherwise presented, when consideration to change a diagnosis of a mental disorder, which would otherwise be elligible for disability and compensation to that of a personality disorder, which is not? I still have questions that the USC and CFR regulations concerning the change of a diagnosis may not have been met, if their is no history prior to, at time of enlistment, during service, at the time of a re-enlistment physical, and during a period of hospitalization of a diagnosed mental condition, and failu…
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hypertension Some Interestings C&ue Claims For Research
http://www4.va.gov/vetapp09/files3/0919324.txt ORDER The rating decision of December 1962 contained clear and unmistakable error by assigning an effective date of June 11, 1962 for the grant of service connection for a right shoulder disorder, and an effective date of August 10, 1949 is granted. http://www4.va.gov/vetapp09/files4/0926735.txt ORDER Severance of entitlement to compensation under 38 U.S.C.A. § 1151 for headaches was not proper, and restoration of the benefit is granted. Severance of entitlement to compensation under 38 U.S.C.A. § 1151 for a right elbow olecranon contusion was not proper, and restoration of the benefit is…
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Cue Claim
Can DRO's trigger a cue by themselves? Or do they need something from the Veteran?
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More On Cue
I posted all this before but maybe at the old board: CUEs are often based on a failure to apply relevant regulations: Cue in rating increase Bentley V Derwinski CUE in rating reduction Olson V Brown, Ternus V Brown CUE regarding presumption of aggravation regs Joyce V Nicholson CUE due to wrong statute applied Look V Derwinski and my favorite- Myler V Derwinski 43 years reto due to failure to assign a disability rating as required by Myler's clear and undisputed medical evidence. ALL are available at CAVC -but if not the CAVC can be cointacted for copies of older COVA decisions…
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