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  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Very New Cue, Newbie Plz Help


51 answers to this question

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Roger that. Winning a CUE claim, even if you're right, is one of the hardest things you ever assay to accomplish. Of course, finding an attorney to take it will be equally difficult. I cheated. I put my son through law school. I don't even have to cough up 20%. Of course, I paid for the juris doctor degree so that's a subjective financial assessment some might argue.


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You would need to establish a documented service connected disability with a rating (even if the rating is "0" SC) from the VA, to CUE a past denial regarding the same disability.

While multiple diagnoses can be problematic, often a proven service nexus to one of them will warrant an award.

A CUE has three criteria and one of the criteria rests on the monetary value of the alleged VA error.

That the error had 'manifestly changed the outcome.' meaning when the VA made the alleged CUE decision,they owed you money ,had the error not been made.

We have considerable info here in our Clear and Unmistakable error forum. Those of us here who have succeeded in CUE claims or have valid CUE claims in process have read everything they could on CUE.

Getting a lawyer is a good idea.

CUE gets into lots of complex VA Case law sometimes.

The BVA CUE decisions posted in the CUE forum hold a wealth of info as well.

The monetary value depends on the fact that the disability is or subsequently becomes service connected.

Maybe you are trying to ask VA to CUE a current decision.? That info is in our CUE forum too.

When was the denial decision made?

This statement doesn"t make sense to me:

"The Department of Veterans Affairs’ erroneously considered bipolar disorder a mood episode itself as evident in the studies that ruled out bipolar disorder in my active duty during VA treatment with disregard for major depression. I was suffering from a “mood disorder” claimed as bipolar disorder."

Unless there was a question of the nexus, I think VA would have clarified the diagnosis.

Then again a friend of mine claimed Bipolar (Navy vet ). He had no SC rating at all. I helped him get his evidence from his SMRs and 201 file, got a shrink to emphatically agree with the results and he got almost 1/4 mil in retro after 10 or 12 years for 100% P & T after having no SC at all. It was a BVA award.

The Navy when he served in the 1980s did not recognize manifestations and symptoms of bi polar that were clearly indicated in his SMRs and Captains Mass 201 stuff.

About 2 years ago we filed CUE Motion on the BVA decision ,as to the EED because we discovered a legal error regarding the EED but no word on that yet.

You might need an IMO to clarify the disability but any one of the diagnoses you had are ratable and SC- able with a proven inservice nexus.

Can you scan and attach the Reasons and Bases for the denial? (Cover the personal Stuff ..name, address, C file # and tell us the date of the denial).

“In Damrel v. Brown, 6 Vet. App. 242, 245 (1994), the Court explained that in order
 for clear and unmistakable error to exist: (1) "[e]ither the correct facts, as they
 were known at that time, were not before the adjudicator (i.e., more than a simple
 disagreement as to how the facts were weighed or evaluated), or the statutory or 
regulatory provisions extant at the time were incorrectly applied," (2) the error
 must be "undebatable" and the sort "which, had it not been made, would have manifestly 
changed the outcome at the time it was made," and (3) a determination that there was 
clear and unmistakable error must be based on the record and law that existed at the

time of the prior adjudication in question.  See also Russell v. Principi, 3 Vet. App. 
310, 313 (1992).

When attempting to raise a claim of CUE, a claimant must describe the alleged error 

with some degree of specificity, and provide persuasive reasons as to why the result
 would have been manifestly different but for the alleged error. See Fugo, 6 Vet. App. 
at 43.  Where evidence establishes CUE, the prior decision will be reversed or amended.  
38 C.F.R. § 3.105(a).  For the purpose of authorizing benefits, the rating or other
 adjudicative decision which constitutes a reversal of a prior decision on the grounds
 of CUE had the same effect as if the corrected decision had been made on the date of 
the reversed decision.  Id. “
Edited by Berta

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OK...I read the other post you had made here:

It does appear you have the nexus you need.

Still, we need to see the reasons and bases as to why the VA denied you......

And hopefully others will read and opine on your post today and the link to your past post.

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I had to shop my CUE claim around to a few lawyers. If they guy who took it really understood how difficult it would be I don't think he would have done it. Although the VA likes to pretend CUE's are cut/dried, and rare errors they are anything but that. They involves lots of case law. The worse the mistake the harder the VA fights it, especially if it is going to impact other vet's claims.

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Ratings Decision:

Service connection for bipolar disorder.
NOTE: This claim was received in the Resource Center as being correctly/completely developed and as being ready to rate.
Service connection for bipolar disorder is denied. In order for service connection to be granted the evidence must show a current disability; an injury in military service or a disease that began in or was made worse during military service or an event in service causing injury or disease; and a relationship between the current disability and an injury, disease or event in service.
We reviewed your service medical records. While your enlistment examination dated XXX, is negative for a psychiatric disorder, treatment reports show immediate behavioral problems as early as boot camp. The reports show ongoing behavioral studies to rule out bipolar disorder; treatment for your alcohol dependence; depression and dysthymic disorder. A pre-military treatment report involving your motor vehicle accident shows pre-military behavioral issues as well. Post-military treatment reports do provide a diagnosis of bipolar disorder.
Prior to conducting the examination, the VA examiner reviewed your entire VA claims folder. The examiner notes the statement provided by your friend that makes it clear that you had serious mental health problems prior to joining the military. You reported a tumultuous childhood with clear signs of bipolar disorder. You were suspended from high school for poor attendance and not doing homework. You were charged with assault and shoplifting as a teenager and did community service; and abused alcohol as a teenager. The examiner noted that your bipolar symptoms are mostly in remission with medication; and you have recovered from alcohol abuse.
The clinical findings of your recent VA examination reveal you to be casually dressed and appropriately groomed. You had poor eye contact and showed a wide range of affect. You answered all of the questions during the evaluation in an appropriate manner. You are oriented to person, place and time. No delusions, hallucinations, or obsessive/ritualistic behaviors are noted. You denied suicidal or homicidal thoughts, plans or intent. You report that you do not experience panic attacks Your rate and flow of your speech are normal. The examiner noted mild depression and anxiety with sleep impairment controlled by medication.
The examiner provided a diagnosis of bipolar disorder and noted that symptoms are mostly in remission. Based on your friend's statement that shows you had a mood disorder as a teenager; and your admission that your sister is diagnosed with bipolar disorder, points to a genetic reason for your condition. The examiner provided the opinion that you had bipolar disorder before entering the military and the fact that you were depressed even in basic training is indicative of a problem that pre-existed your enlistment.
In our letter dated March 15,2007, we requested that you furnish medical evidence showing this condition was caused by or is the result of your military service. As of the date of this rating, we have not received evidence to support your claim.
Service connection for bipolar disorder is denied because the evidence shows that bipolar disorder existed prior to service. There must be objective evidence of worsening of a preexisting condition in order to establish service connection by aggravation. There is no evidence that the condition permanently worsened as a result of service.

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