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First Class Petty Officer
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About SigBnSoldier

  • Rank
    E-5 Petty Officer 2nd Class
  • Birthday 05/19/1971

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    Central California

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  • Service Connected Disability
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  1. I think I was sort in the same situation as you regarding getting mail from the VA.  I did not get the rating decision for my rating and it was returned to sender.  The thing with these CUE cases is you get one shot  at an issue and that is it.   My lawyer did not really understand VA law that well.  He spent years on my claim because he saw big bucks for him because they would have owned me many thousands of dollars.   I believe we were destined to lose the case because the VA law of the 1970's  just handed the game over to the VA and they could play fast and loose with the facts and get away with it.  For instance,   you have an IME/IMO done for your claim.  In 1970 they did not even have to mention the IMO in your rating because it was just assumed they reviewed all the facts they had in their possession You had to disprove that assumption.   They screwed thousands of vets which is why they fought my case so hard.  If I had won at the Court it would have opened it up for many other vets to appeal.  It is like assumption of regularity.  You have to disprove it and you have to disprove that you had any knowledge that your claim had been decided or that you had or should have had knowledge of  your appeal rights.   How do you do that?  It is like having to prove a negative.   You should still try for the CUE.  How old is your CUE?  I had other things wrong besides not getting my appeal rights.  You may have a better case although I thought mine was airtight as did my lawyer and all my doctors.  How wrong we were.  If I could take another shot at it I would.   The Court of Vet Appeals has a website where you can look up cases.  I might be able to find mine, but if you looked up John T. King in their database I think you would find me because it has not been five years since I lost to the bastards.  I am still mad about it.

    To this day I really don't know how reasonable and honest minds could have denied my CUE.  In a CUE you have no benefit of doubt.  The VA does not have to make any efforts to help you obtain records  or facts etc.  It is you against a multi-billion  dollar institution that has an army of experienced lawyers to fight the case.  My lawyer was a geek compared to their lawyers.  We did get one of the best VA lawyers in the USA to actually argue the case at the Court, but the laws prior to 1990 screwed me.  In a CUE they use the law as it was at the time of the CUE to judge the case.  That is one reason why you don't see many vets winning 40-70 year old claims that were full of errors.   I made one mistake of not having the knowledge or presence of mind to file the NOD on time.  Like you I was in sad shape at the time.  My private doctor was doing all he could to keep me out of an institution where I would have rotted away. I was just 22 years old and I had a life ahead of me.   The VA just took advantage of that to screw me to the wall.    I still think that if justice had been served I would have won.

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