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CUE Clear and Unmistakable Error
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686 questions in this forum
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Cue
My lawyer called and said we are going forward with my CUE to the BVA. He says he is confident we will win. I guess he is talking about him and his tapeworm,ha,ha. We both agree that it was just the VARO not wanting to admit a mistake that will cost 100,000 dollars plus. He says the VA did not even address the issue we were bringing up in the CUE. They denied an issue we did not even raise and made up the rest. Now I have something to look forward to even if it takes two years.
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hypertension Cue Awarded (1990)
x x x RUSSELL L. BENTLEY, APPELLANT, v. EDWARD J. DERWINSKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE No. 89-70 UNITED STATES COURT OF VETERANS APPEALS 1990 U.S. Vet. App. LEXIS 12; 1 Vet. App. 28 July 26, 1990, Argued September 13, 1990, Decided September 13, 1990, Filed NOTICE: PURSUANT TO 38 U.S.C. @ 4067(d)(2) (1988), THIS DECISION WILL BECOME THE DECISION OF THE COURT THIRTY DAYS FROM THE DATE HEREOF. PRIOR HISTORY: Appeal From the Board of Veterans' Appeals. COUNSEL: Rick Surratt (non-attorney practitioner), for appellant. Stephen A. Bergquist, with whom Raoul L. Carroll, General Counsel, Andrew J. Mullen, then Acting Assist…
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Cue Awarded (1991)
John W. Akins, Appellant, v. Edward J. Derwinski, Secretary Of Veterans Affairs, Appellee No. 89-115 UNITED STATES COURT OF VETERANS APPEALS 1991 U.S. Vet. App. LEXIS 32; 1 Vet. App. 228 August 27, 1990, Argued April 23, 1991, Decided NOTICE: Pursuant to 38 U.S.C. § 4067(d) (1988), this decision will become the decision of the Court thirty days from the date hereof. SUBSEQUENT HISTORY: As Corrected May 22, 1991. As Amended June 3, 1991. PRIOR HISTORY: On Appeal from the Board of Veterans' Appeals. COUNSEL: Ronald L. Smith for appellant. David W. Engel, with whom Raoul L. Carroll, General Counsel, and Andrew J. Mullen, then Acting Assistant General Counse…
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hypertension Cue On Heart Rating
Good morning all, I have a question had Myocardial Infarction on 1/23/2003 was service connected for it due to my SC Hypertension. Was rated at 100% for three months, then 10% on my C&P exam they based this on METS greater then 10 but they also stated that I had 50% LEF this was documented by catherazation. Being not to familiar with the VA lowball ways. I never appealed. My question is would this be a CUE if they had the documentation of the 50% in front of them and still rated me on the METS? Thanks
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hypertension Need Advise
:) I filed for a blood pressure I developed while in the Air Force, in 1992 when I was discharged. That part of my claim was never answered. I wrote many letters over the years trying to find out why it was never addressed. I refiled in 2003 and was denied. The letter stated there was no evidence of a blood pressure problem in my military medical records. I have been taking meds for it since about 2 years after I was discharged from the Air Force because the VA hospital said it was dangerous the way my blood pressure bounces around. They had been keeping track of it since I was discharged. I have been unable to get a copy of my va medical records. I did however ge…
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C&p Exam Clinicians Guide 9.4
Would there be a CUE if the following is not followed in a C&P Exam of this type? Only one doctor did my exam back in 1981. Very little information was entered by the Doctor. He did not note any my complaints in the exam report. This is what the guide states must happen at the exam please see bolded item. Thanks in advance ztecman C&P Exam Clinicians Guide 9.4 What needs to be reported about anatomical loss or loss of use of a creative organ and why? The examination must include the following information: a. The details of loss of a creative organ may be in the medical records, but the examiner should still describe lost and remaining portions of …
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ptsd Several Cue Claims - Granted For Research
I brought this over to the CUE Section from another thread. Maybe more claimants will see it here. Here are some granted CUE Claims for research. Hope one helps a vet. carlie EED for PTSD - CUE -granted http://www.va.gov/vetapp05/files1/0503568.txt TDIU - restored - based on CUE - granted http://www.va.gov/vetapp03/files/0319228.txt Defective hearing - CUE - granted - from 2004 back to 1974 http://www.va.gov/vetapp04/files/0403497.txt EED - Hearing loss - CUE granted http://www.va.gov/vetapp05/files1/0506205.txt Failure to adjudicate & failure to apply regs - CUE - granted http://www.va.gov/vetapp05/files1/0505032.txt EED from 1994 back to 1…
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Request For Eed For Increased Rating, Or Cue?
Got a increased rating for sc issue. The rating information I've found is exactly the same for the issue when first claimed and now. This sc issue I've had for years was rated to date of discharge but I believe at a wrong low %. My approach - claim for EED explaining & showing the va Imo reports then & now read exactly same for that condition. The rating criteria, as far as I can find, hasn't changed and the increased rating shows the lower rating was wrong from start. Am I right to proceed with claim for EED fix? or should I go CUE? (may have asked this before, but double checkin ole cg here) thanks, cg
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First Post
Hi folks, this is mt first post please bare with me. I Was awarded PT&IU on 4/18/02 after I applied for an increase on a bilateral shoulder condition , which I was medically discharged from USMC on2/76 TDRL first then VA picked it up an gave me 50% and have held that since 30yrs+. The increase I applied for in 2002came back rated 60/40 PT/IU I Have also held that since that date. Well back in 4/08 I received a letter reducing my rate back to 60% because of 2140 employment questionnaire they said they did not receive. I did mail it like I always do but, I Guess it didn't reach them. Immediately hand carried a new one the day after I got their letter and got a stamp…
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Thanks To Everyone!
Thank you everyone, Commander Bob 92, disabledveteran, Carlie and J Basser, RATING DECISION D. In view of the length of service and worsening of the condition, aggravation is conceaded. 7013 1. SC 38 USC 331 (Aggr. PTE) 10% from 11/26/66 PAROXYSMAL ATRIAL TACHYCARDIA 10. Not entitled 38 USC 336 I went to a C&P exam on 12-12-67 for evaluation. "PT says while in service he had episodes of palpitation following inspection, with fainting and ended up in sick bay. He then began to have palpitation with some pains in mid sternal area following exertion, drills, and at times even when resting. The spells of palpita…
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Cue
September 30th this year VA finally listened to me and said that I did request a hearing in response to a adverse proposal to reduce. I received the proposal on January 18th 2007 and responded January 25th 2007. They say that it was not stamped in until August 2007. They reduced me effective September 1st 2007. Can I file a CUE because I was denied my due process because of their error? I was harmed by the VA because they did not give me and opportunity to show why I should be increased even more but certainly not reduced. Rentalguy1 started at it but at that time I needed to find out the effective date. By the way, when they found out they scheduled a DRO hearing on a…
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How Would I Search For A Specific Cue Case!
I am trying to find out some information on past cases where the VA took away someone's 10% compensation or any percentage for that matter. It would be very helpful to find cases such as mine where the VA did the same thing to other veterans. The Navy discharged me with a heart condition and the VA gave me 10% for over 1 year and then took it away because I was working full time. I still have the heart condition and it is worse now than back then.They even wrote that the heart condition is still there and took it away any way. I don't know if this could be a CUE. I want to research this to see if I might have a chance for filing a CUE. I'm just not sure how to search for …
0 votes10 answers