ptsd Can I Cue This?

[Shark]

I was awarded 50% for PTSD (was already 50% for AO stuff) total 80% and applied for TDIU and was denied. I just received a copy of my C file and noticed that my 50% on PTSD was set for a follow up on 7/2010 which is the date my Psychiatrist put on a form for California disability which asked for the earliest possible return to work date. So, the VARO had that form when they granted my 50% on PTSD, shouldn't they have also taken that same info to grant me TDIU until at least 07/2010? Is this something that I can CUE?

[Pete53]

Maybe but CUE is hard to get. Try and get the TDIU first than go after CUE. Just my opinion.

[Shark]

I was denied for TDIU and sent a NOD and have an attorney to handle BVA. Just wondering if CUE may be another option.

Thanks

[jbasser]

A cue claim is the following.

Clear and unmistakeable erroor is a collatarel attack on a Final decision.

The CUE must show where the VA erred according to the legal presedents at the time of the decision.

Disagreements about how evidence is weighed, Duty to assist issues, Harmless errors are not considered cues.

The error must also have a cost to the Veteran. ( caused the vet to lose money).

The rating criteria they used needs to be looked at for the PTSD award. Reasons and basis for the award.

In this case a Cue probally would not fly.

J

[Ricky]

Shark the only info they should have used was a statement from your doc that you can not obtain or hold gainful employment.

The situation you have described does not contain a CUE.

[oldman273]

A cue claim is the following.

Clear and unmistakeable erroor is a collatarel attack on a Final decision.

The CUE must show where the VA erred according to the legal presedents at the time of the decision.

Disagreements about how evidence is weighed, Duty to assist issues, Harmless errors are not considered cues.

The error must also have a cost to the Veteran. ( caused the vet to lose money).

The rating criteria they used needs to be looked at for the PTSD award. Reasons and basis for the award.

In this case a Cue probally would not fly.

J

this may be a stupid question but can a Cue be filed for a case at the BVA ? I am really pissed after getting my Lawyers facts on how my case was handled with half truths and assumptions that were not worked in the legal way. I know it is at the BVA should I just leave it be or what? I have had the case up there for about 3 years now so I expect another two before it is heard. Adios and have a good day......

[Ricky]

"may be a stupid question but can a Cue be filed for a case at the BVA ?"

Yes once the BVA makes a decision and it becomes final.