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CUE Clear and Unmistakable Error
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686 questions in this forum
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lumbosacral My Cue Claims; Who Will Decide, Varo Or Bva?
Hi, New member here, though I have been hanging around for some time now. I recently filed a claim of CUE on multiple issues. I wrote up an 8 page letter and mailed it to the VARO that had decided against me in 2001 and 2003. At those times, I did not appeal, out of naivety and acting on poor advice. Will the VARO discuss these with me and review their handling of my case, or will they simply tell me to file for a BVA hearing? Here is most of my letter: > TO: VA Regional Office > > SUBJ: Clear & Unmistakable Errors > > Dear Sir/Madam: > > Please accept this letter as an appeal based on Clear and > Unmistakab…
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Unmistakable Error
Where can I send my claim for unmistakable Error? I live here in Cebu Philippines. I sent my claim to Hawaii DAV but the NRO could not help me which is I find ot to be very strange in that my claim has the evidence to support my claim. He just e-mailed me and Said, "Sorry I can't help you." Funny thing though, this same NRO sent my unmistakable claim to the VA in Manila! Any help, will be greatly be appreciated. Thanks. Joe & Levi
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2009 Cue Case Granted Back To
http://www4.va.gov/vetapp09/files2/0919324.txt Citation Nr: 0919324 Decision Date: 05/22/09 Archive Date: 05/26/09 DOCKET NO. 07-13 400A ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to an effective date earlier than June 11, 1962 for the grant of service connection for a right shoulder disability, including the question of whether there was clear and unmistakable error (CUE). CONCLUSION OF LAW The rating decision of June 11, 1962 contained clear and unmistakable error (CUE). 38 C.F.R. § 3.156© (2008). ORDER The rating decision of December …
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Eed Granted Back To 1949
Here's what I feel is a kind of unusual C&UE claim, granted for EED. It dates all the way back to 1949. carlie http://www.va.gov/vetapp09/files3/0919324.txt On appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida 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.
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Very Unusual C&ue Case
THE ISSUE Whether the severance of service connection for hepatitis C was proper. Overall, the Board is satisfied that reasonable minds could disagree about whether the Veteran's exposure to blood as a medic in Vietnam lead to the hepatitis C infection. However, severance requires that the evidence be clear and unmistakable. As such, the conclusion that the Veteran incurred hepatitis C as a result of service can not be deemed clearly and unmistakably erroneous. VA has the burden of proving that the grant of service connection was CUE, and this burden has not been met. Restoration of service connection for hepatitis C is warranted. This cla…
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Old Cue
Hello hopefully this is the right place for this thread a long time ago I posted by hadit but I don’t remember password or old e-mail-address, I am 50% S.C. and I am currently appealing for a higher rating and a retroactive date 18 years. In 2000 I reopened my claim and thus far the above rating even though I have a pretty straight forward claim the V.A. made me jump through hoops (original claim, did not have my SMRS but told me they did, typical V.A. I guess) but I guess it’s a matter of perseverance. My question concerns my cue claim knowing that cue claims border on impossible, my impression is that the courts have generally supported the V.A. position or the V.A. and…
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Va Mistake
On my initial decision for knee disability the VA denied my claim for knee disability in 1976. They stated I had osgood schlatters disease before I entered the military and it was not aggravated by military service. I finally got hold of my military medical records. The first time I seen a doctor it was after a training exercise and playing basketball. The orthropedic doctor diagnosed my condition as patella tendonistis and chondromalacia. I had the same problem after combat training for Air Force Security Policeman, I was given a temporary profile change and I was fine. When I deployed overseas, I was assigned flightline security, and started having problems with my knee…
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Nod And Cue
Just curious, I was looking at my disability code sheets and noticed that it said I was awarded 10% for IBS in 1997 but I was not. I was service connected for acid reflux 10% until I filed a claim for IBS in 2005, when I was awarded 30% for IBS. Now there is no mention of the code of acid reflux on my code sheets just IBS. I currently have in a claim for EED of IBS since VA requested my hospital records and received them in 1997. I am not sure why they didn't award me the 30% as of 1997 at that time. When I filed for my claim for increase and VA awarded me service connection for IBS with the evidence they had to rule to change my rating codes, why didn't they correct the …
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Getting Back Pay
Hello everybody i have a question for you I'm currently rated at 20% for grade 2 shoulder separation for 10 years . i recently found my smr that states that i have a grade 3 shoulder separation how do i correct this and get back pay.
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Cue Questions
OK, my question is how do you ask VA to CUE themselves or CUE a decision they made? Is it faster than filing a CUE yourself? Thanks for the advice and information
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Can I Cue This
I listened to my hadit elders and got a copy of cp's I discovered that back in 07 the examiner described me as a 38 y/o white male when i am a black male who was 40 at the time. They also said they tried to schedule an xray for me when I had moved so I didn't get it, here is what they denied me for.
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Can I Cue This
I listened to my hadit elders and requested copies of my c&p's and to my surprise I found that when I was denied for service connection for my right knee in 07. The doc described me as a 38 y/o white male when I am actually a black male and was 40 at the time. It also claimed that they tried to reach me to schedule an xray but I had moved and did not recieve that letter. Can this be cued? Thanks
0 votes4 answers