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CUE Clear and Unmistakable Error
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686 questions in this forum
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tdiu Cue Question
I got a friend 100 P & T some time ago after a long ordeal with the VA- He had been NSC (another example of how nothing is impossible with the VA.) They gave him over ten years retro at 100 back to date of the claim. But then he was talking to me one day and remembered they had denied the same claim in 1981-I saw basis for a CUE,wrote it and he filed it. He is repped by the DAV. He just got a decision stating that 1. VA was unaware of his mental disability when he filed his 21-526.In 1981 He had been awarded SSA in 1980 so it seems to me he said Yes to 4 g on the 526 and told them the nature of the disability. Also he soon thereafter became a Do…
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Cue: Never Received A C&p Exam?
My wife put in a claim for ankle problems a few months ago, she has service records proving the accident during basic training, but she was never scheduled for a C&P examination. If this claim is denied should I file an appeal on the grounds of a CUE?
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Bva Hearing
:) Went in for a BVA hearing on a cue for an earlier effective date on June 3, with my attorneys, wife and myself. When I got in the room for a video hearing at St. Louis R.O. I figured we would be able to talk to the hearing officer. But when we got in for the hearing the officer asked if we had any new and material evidence. My attorneys said no and they thought that we were there to discuss my case not just submitt new evidence. The hearing officer said no, this was to see if there was any new evidence but he would allow 30 days for my attorneys to submitt a brief for him to look at before he made a descision. I was confused and was starting to get very aggrevat…
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ptsd Does Cue Exist?
Had been rec'ing the 40 % for leg for over 10+ yrs..I..asked for increase based on new evidence in 2006. Reduced 10% DOES a cue exist? percentages and disabilities SC. Eval of residuals ankle laceration of achilles tendon which was currently eval'ed@ 40% disabling, is decreased to 30% eff. 03/2006 ( will follow-up with reasons for decisions next part) we determined the following SC conditions haven't chged. residuals of neurological involvement of right ankle,,,@20% Donoer skin graft site,left lower leg,,,10% NEW as of 04/17 2006 Straightening of the spine, discogenic diease @L5-S1 osteopenia, mild degenarative joint diease, L5-S1, L2-L3 heniated disc and L4…
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Pretty Sure I Can Ask The Va To Cue Themselves?
I posted here about a week and a half ago. Here's my prior post : http://www.hadit.com/forums/index.php?show...hl=livingrock21 . I'll give a quick run down on my situation again. I filed my claim in June of 07 through the BDD program. Was supposed to get my findings 90 days after that, but didn't get them until the end of Nov 07. I imediately noticed that they rated one of my conditions under the wrong VASRD code. They had me rated for Paralysis of the median nerve, and I'm supposed to be rated under Erythromelalgia (7119). Two comepletely different things, that aren't even medically related. I appealed a few days after getting my original findings. The statement of…
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Could This Be Influential For Cue? Polio Diagnosis As Infant?
Vet went into service and upon admission H & P typed on reverse side "infantile paralysis polio no residuals" Vet had back injury inservice had many treatments, medications, adaptive equipment, pain all of the time, had bed rest 3-5 days, therapy for 20 days, xrays did not show anything broken(years before CAT's and MRI's)pain radiation to legs. All notations show pain continues, no improvement. Brace ordered. Discharge physical has had typed notation on reverse side no further problem from back injury on date xx/xxxx. The vet never had an injury on the date typed on the discharge physical. The injury occurred months later. The claim was denied 2x. Never …
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Bva - Unusual Cue Granted
I found this BVA granted CUE to be very unusual because it refers several times to Reasonable Doubt. carlie http://www.va.gov/vetapp08/files2/0814960.txt
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Cue Or Just Bad Research On The Va Examiner/nurse
I had a VA Ortho Surgeon exam me for my claim for SC injury to both knees and left hip that was evaluted by the Ortho Surgeon who gave his opinon that the injuries and my current back condition was the result of the kees and hip condition. The Second C/P exam was done by a Nurse who did not agree witht he surgeon and successfully convinced the court that it was a result of my civillian injury and not my documented multiple injuries to both my knees and Hip. What I was curious about is that I had the veterans Legal defense Fund out of DC contact me after my case went to the BVA and offered their help Pro Bono to look at my case. Can I use the facts that were cited in the b…
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Cue And Nod
Hello Friends, I have a question about CUE and filing a NOD. I'll try to explain and ask it as clear and simple as possible... but you know the way the VA is...nothing seems simple and clear! I filed a claim for a service connected disability in 2002. It was denied and I did not appeal. I filed a new claim for the same disability. It was denied a few times...but finally granted a couple months ago. I was granted 30% but I think that my claim warrants 50%, so I plan on filing a NOD to the 2009 decision for an increase. Since my claim was finally granted, I'd like to reopen my claim from 2002 -- based on CUE. Can I file a CUE and NOD in the same claim or d…
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Cue As A Weapon
CUE AS WEAPON OF RETALIATTION TO TAKE AWAY BENEFITS Well thank you for letting me be a part of your forum. I have nothing to hide and everything to gain by this fellowship with you. As you may or may not know I filed my case in Federal District Court here in Chicago on Sept 17, 2007. Larry picked up the story and posted it on the "Watchdog" several days later. The case has nothing to do with benefits other than they were used as a weapon against me. They used CUE to take away the benefits in question. The court case is in itself a civil rights action ( Bivens Action under the 1st Amendment) taken under the pretext that the three individuals named in the su…
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Cue Claim
In my decision from BVA, The judge say's there was a clear and unmistakeable error. Plain as the nose on your face, where do I go from here, with that comment from the judge, do I have reason to pursue a CUE. RSG
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hypertension Cue Clear And Unmistakable Error
Hello this is my first post and like many veterans I need your thougts on an issue of appeal. Can someone let me know What this really means. Will I get my change of effective dates or is the BVA joking around also had three issues denied in 2005, filed a NOD in 2005 was sent a SOC in 2006 and returned a form 9 in 2006 and didn't get a response until 2008 with this appeal. wow what is really going on? Citation Nr: 0845064 Decision Date: 12/31/08 Archive Date: 01/07/09 DOCKET NO. 06-29 381 ) DATE ) ) On appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Louisville, Kentucky THE ISSUES 1. Entitlement to an effective …
0 votes8 answers