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usbubba

Seaman
  • Posts

    2
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About usbubba

Profile Information

  • Military Rank
    SP/4

Previous Fields

  • Service Connected Disability
    100
  • Branch of Service
    Army

usbubba's Achievements

  1. Normally, I'd say asking for a specific percentage is a waste of time as VA assumes that you are asking for the maximum award for any particular disability. That said, I have done it and won. I was awarded 20% radiculopathy for both left and right arms resulting as secondary to my lower back SC. The possibilities for this disability are mild, moderate, and severe. (10-20 and 30%) The C&P report clearly stated "moderate" but the VA rated it as "mild". I filed a NOD requesting the 30% rating for "moderate" and won without having to go to the BVA.
  2. This is Mrs. Bubba. VA has unilaterally decided that they can declare CUE when CUE is decided by a court based on legal considerations. Hubby had the same thing happen. VA declared CUE on themselves in order to reduce his ratings. They don't necessarily have a sound legal basis but if a person is unaware of the legal requirements for CUE, they can fall for this ruse. I'm in the process of searching legal precedents to see if the court allows the VA to do this but have no solid information yet. Maybe someone familiar with the case law can chime in.
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