HadIt.com Elder john999 Posted October 28, 2010 Author HadIt.com Elder Share Posted October 28, 2010 If there is any chance that these issues could still be appealed in the traditional way that is much easier than filing a CUE. CUE standards are very high if there is an iota of doubt. I hired a lawyer for mine. Anything that comes under Duty to Assist rules out a CUE. Link to comment Share on other sites More sharing options...
Dolphin25 Posted October 28, 2010 Share Posted October 28, 2010 If there is any chance that these issues could still be appealed in the traditional way that is much easier than filing a CUE. CUE standards are very high if there is an iota of doubt. I hired a lawyer for mine. Anything that comes under Duty to Assist rules out a CUE. Where did you find an attorney to take a Veterans case....I have reached out to I know at least 7 law firms and all of them refused to take on an Aid and Attendance...seems like when you already have a 100% rating then that takes their fee away, I even wrote to the one attorney that writes on this site, Carrie and she wouldn't take it either, so if you have an attorney and don't mind sharing his name I could use a boost up. Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted October 28, 2010 Author HadIt.com Elder Share Posted October 28, 2010 I think my lawyer is waiting to see how my case pans out since he told me if he could not win my CUE he would never do one again. His name is Karl Kazmierczak at 201-337-7704. He is in New Jersey. His wife does claims as well. Link to comment Share on other sites More sharing options...
Berta Posted October 29, 2010 Share Posted October 29, 2010 (edited) ". Should the RO, in fact, consider what is written informally in a Doctors summation as an informal claim for benefits??" I would never depend on that. If I could have depended on 'informal' notations in my husband's medical records to denote formal claims- my husband's claims would all have been resolved in his lifetime. He was alive when the VA covered up his true medical condition and made 'informal' notations (that took me a great deal of time and research to figure out after he died) that would have proven his 1151 claim in his lifetime. Additional 'informal' notations regarding the cover up of his heart disease are with my AO IHD claim in Phladelphia presently. Anything in a med record can be used to support a claim but I would not depend on any documentation to become an informal claim. Sometimes the VA will acknowledge and grant a disability that the veteran has not claimed. That doesnt happen often. M21-1MR specifically states they must rate and give diagnostic code to all disabilities they are aware of as NSC or SC on their rating sheet. Edited October 29, 2010 by Berta Link to comment Share on other sites More sharing options...
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