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CUE Clear and Unmistakable Error
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686 questions in this forum
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Reconciliation Of Moody V. Principi, 360 F.3d 1306 (fed. Cir. 2004), And Case Law On Cue Claims
Department of Memorandum Veterans Affairs Date: May 28, 2004 VAOPGCPREC 4-2004 fillin "Please type the 'Date' line information." From: General Counsel (022) Subj: Reconciliation of Moody v. Principi, 360 F.3d 1306 (Fed. Cir. 2004), and Case Law on CUE Claims To: Chairman, Board of Veterans
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Cue - Check This Before Posting Your Question It May Have Already Been Answered!
http://www.google.com/search?client=safari...-8&oe=UTF-8
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Cue - Check This Before Posting Your Question It May Have Already Been Answered
http://www.google.com/search?client=safari...-8&oe=UTF-8
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Early Effect Date / Video Judge
I am seeking an earlier effective date on my PTSD claim. I was granted back to 2016 where i was diagnosed with PTSD but denied... so I reopened claim 2018 and was granted 100 percent going back to my first diagnosis and denial in 2016...denied an early effective date to 2002. Going threw paper work I saw that I was diagnosed originally with PTSD by CNP Doctor in a favorable CNP for my claim for PTSD in 2002 but denied...so I again reopened it ( legacy claim doesn't apply ?) and granted a Video hearing with a Judge I'm 2023 but the Video situation was canceled in Dec of 2023 by my service officer and now It's sitting in docket waiting for a review why would t…
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I took a SWING!
Veterans, Greetings. You will never know how helpful the information in this forum has been over the years. Your assistance and feedback helped me get rated @70% in 2015. Since then, I qualified for VRE and am about to finish a Masters degree. Truthfully, however, my employment situation has been a huge struggle with my earning beings around $9,000 per year. That is another story though. I need to throw something out here for feedback and thoughts (in general). I was looking through records with respect to past claims the VA denied (1995, 2007, 2008) prior to the 2015 approval. I separated from my beloved Marine Corps in 1994 and put a claim in several months l…
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First time hearing this, any experience?
I filed a BVA advancement on the docket today. Provided evidence why I should qualify and explained my appeal. In 2021, with my civilian doctors (otolaryngologist) paperwork i submitted, I was granted an increase (already service connected) to 100%. Months later, the va still scheduled a c&p exam for me, even with sufficient evidence and of higher probative value. That c&p exam like a PA (physician assistant) and a general MD to not mark the same boxes as my doctor which resulted in my decrease. After faxing an advancement on docket today, after logging in Ebenefits I noticed they had filed a CUE same day and was already assigned to a reviewer. It wasn’t what I …
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Would this be a CUE claim?
I filed some intents on Nov 30,2021. On Nov 29th 2022 I filed my claims. They were on Supplement claim for tbi migraines secondary to tbi Supplement claim for lumbar discs Allergic rhinitis My tbi claim was combined with ptsd for an overall rating of 70%. Migraines granted at 30%. RH sciatica 10% and allergic rhinitis 0 my overall combined rating is 90% effective Jan 5 2023 On January the 2nd I mailed out my award for fers disability which I received in July 2012. I was retired over my back which was rated 10% then. I also received ssdi dated back to July 2012 which was only claimed as my service connected disabilities. I sent that as …
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The VBA processed my CUE as a supplemental claim and now it's in limbo
First time posting here. Up until now I've been able to navigate the system on my own for the most part. Had an attorney for a while and that didn't work out so I'm on my own and need a voice of opinion rather than reading something from a few months ago. I apologize if this becomes a long read. I enlisted in the Marines in 1995 for four years during which I re-enlisted for another four years. I completed my first contract without any issues however that wasn't the case with my second period of enlistment. Six months into my second enlistment I was discharged with an OTH in 1999. While processing out, a representative from the San Diego VBA showed up to meet with all…
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Claim denial and cue help
Good morning need some help with trying to figure out whether or not there is a Cue in original claim my husband filed. claim was started 2013 June was when it was submitted decision April 2014. 2013, April seen for headaches imaging done. June 2013 separation physical states H/o headaches and medication prescribed for headaches. actual separation July 6,2013. Right after returning home within a week, was seen by new primary care VA doctor and ongoing for the duration of claim was seen multiple times for headaches and medication. VA claim for headaches was denied reason stating.; although there is a record of treatment in service for migraine headach…
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EED for PTSD
I was diagnosed with PTSD in 2015 awared service connection in 2018. Ist claim put in forestall health ie PTSD was denied in 2004 and 2012 at time did not have diagnosis of PTSD I was misdiagnosed by the VA can I use a cue to get claim reopened back to 2004?
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RE;What VA Form should I use to file a QUE Claim
Ok so I am fixing to file a QUE claim today for an Earlier Effective Date because when the VA decided my PTSD / MST claim only went back to my filing of . What I need to know is what form do I need to use. I am with in the time period of a year to request a Higher Level Review VA-20-0996. Or Request for a Supplemental Claim VBA-20-0995. Or use a VBA-21-10210-ARE-Lay-Witness Statement or VBA-21-4138-ARE-STATEMENT IN SUPPORT OF CLAIM. I have read the CUE Forum extensively and made notes. I plain on using Charly’s and Berta’s letter examples.
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