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CUE Clear and Unmistakable Error
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686 questions in this forum
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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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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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'Lack of Rating' CUE claims
I almost forgot and went back to my 2004 CUE for heart disease because I forgot what regs I used. "M21-1, Part VI March 19, 2004 M21-1, Part VI March 19, 2004 Change 113 Rescission: Changes 106 and 108. 3.09 ISSUE a. General. Clearly state all issues of entitlement identified by the claimant, or those which can be reasonably inferred from the facts or circumstances of the claim. If there is more than one issue, list the issues by number. In RBA, the issues appear under the identifier “ISSUE.” In RBA 2000, the issues appear under the identifier “DECISION.” b. Compensation Ratings. Con…
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"CUE claim" vs. "Asking VA to CUE themselves"
I have read through some of the CUE topics and would like to ask what the difference is between filing a "CUE claim" vs. "asking VA to CUE themselves" or are they practically the same thing? I know that a CUE is a one shot deal, so if someone did ask the VA to CUE themselves, would that eliminate the one shot afforded by the veteran?
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"flashed" Claims
I found a 2007 DVA letter to all ROs stating that whenever a rating decision grants service connection with an effective date retroactive 8 or more years, the claims folder must be "flashed" and cautioning that these rating decisions were not to be offered to any veteran's representative. How can I find out if these procedures were followed with my claim? I also have questions regarding VSRs, SVSRs identifying claims meeting the criteria, and Referral Memorandums for C&P Service review. Does anyone have any information, experience, etc. with this? Thanks.VA Flash letter 1.pdfVA Flash letter 2.pdfVA Flash letter 3.pdf
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ptsd 100% Iu P&t Awarded Effective Date Of Iu?
Hello everybody, I have a question and I will get straight to it. Service connected since the day I got out 1OCT2004. For servical spine injury and for both hands all at minuium 10% ratings and one for a scar on hand at 0% rated @ 30% total. Got into VOC REHAB in 2007. Laid off in 2011 april, and was going thur divorce of 12 years, seperation from my dependents, school was lacking, i knew and was told i had issues and wasnt the same person i was before service. 1997-2004. Sometime in May of 2011 I went to the FT Wayne, IN Va mental health clinc with no appointment. I just showed up one day found myself there I guess. And went and poured it all …
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ptsd 100% Sc Ptsd Since 2009. Never Told About Smc S
Hello all, As the title says I was 100% schedular from day one in 02/2009. I also have panic disorder with agoraphobia on my service connections. As you can tell I go nowhere and rarely do without an escort of some type. My question is: Do I file for this SMC S online and will I be eligible for a CUE because I was not told in paperwork that this benefit was available? Do I get retro? Any advice would be great. Thanks
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1975 CUE?
I have been revisiting my service-connected injury and believe I may have a CUE. My original post: The claim I filed was recently denied. They used the same verbiage in this denial as they did in 1980. In 1980 they stated: "VAF 21-526 does not show that she has required any subsequent since service. The evidence does not reveal aggravation beyond the natural progression of the original injury. " I will assume that the V.A. is meaning that I did not have any 'subsequent medical treatment'. If that is the case, the V.A. failed to take into consideration the treatment that I had three months after discharge where they put me in a full leg cast to correct…
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hypertension 1992
In 2012 I received my C-file, inside I came across a rating decision, date of claim 6/30/92, date of this rating 9/8/92, it says entitlement to non-service connected pension-Outpatient treatment records from January 1991 to May 1992 and Department of Veterans Affairs examinations July 25 and August 3, 1992, Cited outpatient treatment records refer to a seizure disorder for which the veteran was taking medication. In January 1992, he was advised not to operate a motor vehicle. Cited examinations indicate veteran walks with a cane and his gait is abnormal because he circumducts his right leg to keep pressure off of his right foot. Veteran received a gunshot wound to his rig…
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