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Very New Cue, Newbie Plz Help

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cryingbear

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Diarrhea of the mouth, in the absence of real legal representation, has been the death knell of many a claim. One thing Carlie didn't point out is a difference of opinion on how the evidence was evaluated can never rise to the level of CUE. The VARO and the BVA, being triers of fact, are the only ones allowed to interpret evidence and derive a finding. You cannot attack a claim later on that basis via CUE even assuming you fail to appeal.

The real fact of the matter here is that this claim is actively being prosecuted so it hardly can fall into a CUE discussion. Absent a decision that reflects CUE, it is premature, to say the least, to contemplate filing for that. It seems you have the VARO adjudication cart in front of the BVA Horse here as well as the CAVC. I'm not prescient, but assuming you don't miss any suspense dates, you have about 3-6 years of denial decisions ahead of you before the word CUE should be entering your vocabulary. Perhaps this is the wrong venue to discuss it in? As I am not a moderator, I merely comment. Best of luck with your claim, though.

cp

Edited by asknod
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Yes Carlie, that is what I am planning to do now.

John999, my first examiner asked if I gave anything away as a teenager, in response, I smiled because I thought it was a joke or something, he wrote in my examination that I belittled him with a smile and that I had hypomania in my teenage years for giving my dog away referenced from my treating doctors notes of me giving my dog away when I was 24. I learned the hard way after my first examination that even a argument with your parents at the age of 12 could likely be symptoms of schizophrenia according to the VA.

Asknod, I thought I could file a CUE after a decision becomes final without regard to it being re-opened or not? I am not going to at the moment, it is too complex and will wait for my decision on my re-opened claim and will start looking for a lawyer.

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Cryingbear

I was SC'ed for Bi-polar II back in the 90's and given an increase to 30% from a 10% SC for Schizophrenia. This was the result of a C&P exam. I had been SC'ed since one day after discharge, but also given Axis II DX of a personality disorder. You can be SC'ed for bipolar and schizophrenia as long as you don't tell the bastards too much about your life before service . Over the 30 years since I was first SC'ed I filed lots of claims for increase. Most were shot down by psychiatric residents from the USF medical school. I sure would hire a lawyer when I was able. My CUE is almost 8 years old and even though my lawyer and I think we have a case we may still lose. CUE's beset by IED's that blow up in your face. The VA has hidden these booby traps all through the CUE regs.

John

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Are you certain filing a "CUE" is the best way to go??? You see, because CUE raises the "standard of review" you may not need to do this to win your benefits. Are you past the one year appeal period??? If not, simply file a Nod, and you need not meet the Cue standard of review. For example, the Benefit of the doubt (BOD) does not apply with CUE, nor does the doctrine of equipose. In Cue, you must show that you "undebateably" are entitled to benfits. Dont make it harder on yourself!!!

Even if you did not timely appeal, there are still other ways of winning benefits besides a CUE. One glaring example is 38 CFR 3.156, assuming you have "new and material" evidence to rebut the negative C and P exam.

Cue is generally your last resort, only if you can not appeal, and you can not claim N and M evidence.

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