Lost Cue At Cavc

[john999]

I lost my CUE claim that was decided by a panel at the CAVC. They shot down every point and argument my lawyers brought up at the hearing. It seems that even when the BVA admits that evidence that was in the hands of the VA was not used in a rating decision that is not a CUE. The so-called court said that since before 1990 the VA did not have to mention, list or refer to any particular evidence in the record in a decision I lose. No point that my lawyers brought up would have made any difference. 7 years of waiting down the drain. I have not gotten a call from my lawyer, but I read that the CAVC upheld the BVA's denial of my CUE. The BVA denied my CUE but did not dismiss it because they agreed that evidence in the record was not before the rater. The CAVC blew by that, and just said the VA did not have a duty to mention in any way my evidence, so there is no way to tell if they considered it or not. Only in the VA system can you get away with something like that where since you cannot prove the VA did or did not consider evidence then the VA wins. It would be like you confessed to a crime and you had a trial and the subject of your confession just never came up, so they let you go. The VA suppressed the evidence in my claim and got away with it. Any reasonable mind can tell they never considered my doctor's evidence, but the VA falls back on regulations that make it impossible to prove. So much for having Ken Carpenter on my side. However, if my lawyer wants to take it to federal court I am ready. I can afford $450 since I have too many assets to get it file for free I think.

John

[mos1833]

that sucks john

[john999]

It does suck and I wonder what story my lawyer is going to tell me why we lost? Really, you just flip a coin I think.

[john999]

I talked to my lawyer and he wants to go forward into the fog, Big Muddy, etc. I am OK with that. He thinks we will win in time.

[Navy04]

Sorry to hear of your struggle. Boy I am just so tired of all of us Vets, having to keep proving are disabilities when the Evidence and paper is infront of the VA. God Bless

[john999]

I read once that the CUE is just a chimera........" an imaginary beast of mythology or an unrealizable idea or concept." Now I am beginning to believe what I read. The BVA said in my case that if there was any possible argument, no matter how trivial, against my CUE I would lose. That is a standard that is a chimera. It is un-American and fundamentally unfair is what I say, but I am just a voice crying in the wilderness. They are a trillion dollars supporting a rotten structure. Race goes to the biggest, richest, strongest beast. Every once in a while we see a ray of light, but on the whole this world is a jungle. Now I will tell you how I really feel. Now for my next sermon.

[Stretch]

I don't have a que yet. This decision is really disgusting.