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CUE Clear and Unmistakable Error
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686 questions in this forum
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CUE when waiting DRO review?
I have several conditions awaiting DRO review. I have identified s few CUEs with the decisions. Can I claim a CUE when the decision is awaiting a DRO review or is it to late ? If not now when can I file CUE? Also can I request amend medical records when waiting for DRO review? Everyone of my DBQs done at CnPs is full of inaccuracies that can be proven with my medical records. I am thankfully for the VA but this process is beating me down and the learning curve is long. Thanks for any help you may provide.
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CUE UPDATE
Happy Holidays Everyone, I wanted to let those of you who are interested know that the cue I filed for change of effective date from March 2018 to October 1999 is now in the "Preparation for Decision" status. I mailed the formal CUE September 17, 2019 and it went to "Preparation for Decision" status today. Now I'll be on pins and needles until I get the decision packet in the mail. I'll keep you all posted! Best,
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Dependants in CUE
Quick question to see if anyone knows what happens if you win a CUE relative to back pay. Does the VA automatically calculate any back pay based on individual solder and then you have to send them marriage cert, birth certs/ssns to show when you had your dependents added? I'm just curious ... not getting ahead of myself but IF I am fortunate enough to win my cue, it would mean back pay for 20 years and would also mean that I would have changed from 20% in 1999 to some higher number. That would mean that my wife and children would also come into play starting in 2001 instead of 2019 like it is today. I have all of that data ready but I was curious if they send you …
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Finding your CUE
Here's a different view of CUE. To me, finding a CUE is easy. Proving it was such is the challenge. The higher the financial remuneration due, the harder the VA will fight it. This one is going to be a big one. It's like fishing with hand grenades. With access to the VBMS, your job of sorting out the claims file chronologically is done for you. https://asknod.org/2019/12/13/friday-the-13th-what-else-could-possibly-happen/
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Another error with my Rating possibly
Ok here is a question for all of you that are smarter than me. I have a 50% SCD for Cluster Headaches. One of the major symptoms is my right nostril closes completely during the attacks. This is well documented in my STR's as well as all VA Records. These symptoms have occurred since 1983. Here is the question recently I was asked why the VA never rated my Vasomotor Rhinitis? I did not have an answer other than I did not know it had a name. Should this have been something they rated under a duty to infer or duty to assist? How do I go back and have it rated from when my Cluster Headaches were rated? They never used the term Vasomotor Rhinitis but it was clear in my record…
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So is this a Clear Error
I was reviewing my Rating Decision from 1993 and I noticed that the requirements for a higher 50% rating required "very frequent" attacks versus the lower 30% rating that required once per month. In the previous paragraph in the decision they mention my attacks last 3 to 6 months with 3- 10 attacks per day lasting as long as several hours. They rated me at 30 percent. Does this seem wrong to anyone else? They also did not list my arthralgia as service connected even though it was within a year of separating from active duty. I thought my lay statement should have been enough for that to be part of the record but it is not. Is this a CUE also? Documents are attached. Than…
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CUE My latest VA denial for TDIU - II
I have received the receipt from USPS for my CUE that I sent to VA. This was back on 20 August. I have looked on VA.GOV and I don't see anything about it. Shouldn't I have received something by now. It looks as though they are trying to totally ignore me.
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RESIDUALS, LEFT HAND FRACTURE 2011
Getting ready to submit this CUE for "Residuals, Left Hand Fracture". It was denied SC in 2011 basically due to X-rays taken in service and at C&P showing "no fracture". In going over my STRs, I found where Medical took an X-ray and I was referred to an Orthopedic Specialist. Medical did not read the X-ray when it was taken. When I saw the Ortho a few days later, he evidently saw the fracture on the X-ray and notated "Fracture of the... has healed". I had no functional impairment from the fracture at the time of the C&P. I have now developed RA at each end of the bone that was fractured. It will be interesting to see if when two different diagnoses are …
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CUE Appeal closed before one year up
This is the lated CUE I am filing. The Roanoke VA closed my appeal before the one year period was up. Any suggestions are greatly appreciated. 2019-11-15 CUE for Date Error Redacted for Hadit.pdf
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Who is responsible for filing the actual FTCA claim
On Thursday I was informed by my new legal representation for the FTCA claim that not only would I be filing out the form 95 but that they would be contacting my husbands adult children (whom I have no contact with and my husband had very little contact with) to sign a retainers contract and sign Form 95. It is essential that the FTCA claim be correctly. I am not sure that this above is correct. I have spent the entire weekend searching for the statue, the code, the rule, the regulation as to whom must file the FTCA claim. Can anyone help me find this information?
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REVISED GERD / IBS CUE, March 23, 2011 decision
I was denied SC for IBS and GERD IN 2011. In 2019 I was awarded SC for GERD. This CUE is for 2011, both GERD and IBS. There are some odd aspects regarding the 2011 decision, the way it was written and the C&P report and the way it was written. I've tried to present this as clearly as I can. Note: the decision contradicts itself. the decision also contradicts the C&P Report. Honestly, I think the rater just got confused because the C&P was so poorly written. *THIS CUE HAS NOT YET BEEN SUBMITTED*Please let me know what you think. Appreciate all comments and suggestions. Thanks. 11/19/19: Uploaded additional C&P diagnoses and comments. Uploaded 2019 C…
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How do I respond to someone after I asked question
I asked a question. Then people submitted a post. How do I respond to the person trying to help me. For example, I asked a question, Berta responded . How do I respond to each post. Thank you so much in advance.
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