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dismissed CUE

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jfrei

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I was granted my appeal but wish the VA could admit they F@$!ed up. The judge said 2011 they never issued me a SOC to technically my claim was still pending and there is no merit for a CUE claim. Yet they were able to deny my claim again in 2014 and 2015. How did they not even look at what the judge did at the RO, they are my reason my anxiety is a problem now? I really wish i could file a claim for wrongful denials.

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Yes, you are right, it probably isn't at the BVA web site yet.

Is this the issue:

"Service connection was granted for my tbi CUE claim dismissed apparently it was still pending from 2011 not issuing a SOC"

You were remanded for the issuance of the SOC.....? But the TBI was granted.

CUE dismissed but a claim is still pending....that means you still have a foot in the door....and maybe a much better EED,if the pending SOC issue related to the EED for the TBI?????  I am still confused....

"I was saying its funny how they denied me 3 other times and dismissed CUE but had to get this done 1st the BVA. "

That is because the ROs cant read...or are too lazy to read...or are ordered to get the claims done so fast, they don't have time to read. 

And this is a BIG cause of the backlog! Veterans didn't cause the backlog,.....the VA did that all by themselves.

 

 

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Once again, LOD saves the day. VA likes to revisit LOD determinations and try to "insert" willful misconduct as in your case. You covered yourself quite well with the reports from the police and the recall info on the ignition switch. Basically, the BVA VLJ chose not to berate the VA in general, and your rater/DRO personally for misreading 3.301. By using the "They forgot the SOC." argument, it accomplished the same thing without smearing additional mud on their face. Winning is everything. When the money's in the bank, who cares why? You now need to focus on the next phase and bring the same determination and knowledge to bear.

VA has actually learned a valuable lesson. They now know you aren't some ignorant chucklehead and the USS Mayflower didn't just drop anchor outside your front door last night. The thicker your c-file, the more VA respects you for persevering. If you do it without a VSO or use an attorney, they really sit up and take notice.

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On May 17, 2016 at 0:03 PM, asknod said:

Once again, LOD saves the day. VA likes to revisit LOD determinations and try to "insert" willful misconduct as in your case. You covered yourself quite well with the reports from the police and the recall info on the ignition switch. Basically, the BVA VLJ chose not to berate the VA in general, and your rater/DRO personally for misreading 3.301. By using the "They forgot the SOC." argument, it accomplished the same thing without smearing additional mud on their face. Winning is everything. When the money's in the bank, who cares why? You now need to focus on the next phase and bring the same determination and knowledge to bear.

VA has actually learned a valuable lesson. They now know you aren't some ignorant chucklehead and the USS Mayflower didn't just drop anchor outside your front door last night. The thicker your c-file, the more VA respects you for persevering. If you do it without a VSO or use an attorney, they really sit up and take notice.

Did you happen to read my appeal? I still feel like their was a CUE she only sites that one decision from 2011 and not the two after that one that followed.i want them to admit it its literally given me another form of PTSD VA induced.

Edited by jfrei
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