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.
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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
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