A large number of Vets who come here voice a concern over the idea that VA might engage in retribution over your becoming over eager in you claims filing. Nothing could be further from the truth. However, I would ask you to review this Mekus v. Shinseki case to see exactly how the VA is held to the same legal standard (very high) that you are when you file a Motion For Revision (CUE). VA does not CUE themselves unless it is for the convenience of screwing the Vet.
VA doesn't often engage in this but they do it frequently enough to wonder. Oddly, many occur at that critical juncture when you are getting ready to attain the benchmark of 20 years (38 CFR 3.951(b)) and the guarantees that come with it. Mr. Mekus ws reaching the preservation point of ten years for his wife's DIC but the VA is equally vindictive on this. Remember, after the magic twenty, VA cannot monkey with you or your percentages. As for CUE, they better have some damning evidence.
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FormerMember
A large number of Vets who come here voice a concern over the idea that VA might engage in retribution over your becoming over eager in you claims filing. Nothing could be further from the truth. However, I would ask you to review this Mekus v. Shinseki case to see exactly how the VA is held to the same legal standard (very high) that you are when you file a Motion For Revision (CUE). VA does not CUE themselves unless it is for the convenience of screwing the Vet.
http://asknod.wordpress.com/2014/02/13/cavc-mekus-v-shinseki-idle-hands-are-the-devils-workshop/
VA doesn't often engage in this but they do it frequently enough to wonder. Oddly, many occur at that critical juncture when you are getting ready to attain the benchmark of 20 years (38 CFR 3.951(b)) and the guarantees that come with it. Mr. Mekus ws reaching the preservation point of ten years for his wife's DIC but the VA is equally vindictive on this. Remember, after the magic twenty, VA cannot monkey with you or your percentages. As for CUE, they better have some damning evidence.
http://www.law.cornell.edu/cfr/text/38/3.951
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