Cue?

[hurryupnwait]

Clear and unmistakable Error

To VARO,

I am filing a CUE on the basis that there was misapplication and misrepresentation of the regulations in regards to the decision made on April 24, 1973. I was medically discharged in December 1972. This claim was filed one month after discharge. The VA did make a decision and denied the claim. It was not appealed by me. The basis for this CUE is as follows:

This is taken from the denial letter I received in April 1973 from the VARO. (Copy enclosed)

"Available records do not show that you received treatment for this condition (back) during service nor was it recorded in the report of your examination at discharge."

On my discharge exam it clearly states several back problems and then states unfit for retention. This is a clear and unmistakable error. (Copy enclosed). Since the adjucator mentioned the discharge exam in his letter, then he must have read it. That means that this evidence was in front of the adjucator at the time the rating decision was made.. Therefore, Bell v Derwinski 1992 would not apply in this case.

This is the beginning of my CUE letter. I plan on scanning the discharge exam into the letter and highlight the main issues.

I will also enclose several treatment records during service, but I can not show that they were even looked at because the denial letter is not very apecific.

Any comments

[huskerfanfl]

Good grief,

Can't we all just get along. One of you needs to be the better person and stop the bickering, just my opinion.

Vike17,

You gave what appears to be a very well thought out answer to the question and I happen to agree with you.

Jay,

Your passion for helping veterans is impressive, but sometimes our passion overrides reason. I am not saying that is what has happened in this case, although I will say I agree with Vike on this issue.

Edited May 11, 2007 by huskerfanfl

[Charleese]

Hi Jay,

I'm asking you to stick around.

I'm also asking that the members of hadit when answering or commenting on a topic please be mindful of the tone in your answers and comments, and not be combative.

Everyone's opinion on here is valuable including yours Jay and mine.

[hurryupnwait]

I did not intend to raise anyone's blood pressure with my question.

Today, I m sending in a request for a complete copy of my claims file.

I now know what I will be looking for in the file. Thanks to all of you that

have replied to my questions. It was very valuable information.

I will prolly have more questions when the file is in my hand.

A day is not lost, it's one day closer to a decision.

Sincerely,

Hurryupnwait AKA Paul

[SLEDGE]

You gotta watch those appointments, like when, where, what clinic, why and how was it reported to the RO.

My classic example:

The appointment was made for a time of day that misrepresented the actuall hours of operation of the clinic.

(To late in the day).

The appointment was made for a day of the week that did not follow the actual schedule of the clinic in question.

(Wrong day of the week).

After checking with the 'clerk' every hour for 8 hours the 'clerk' asked; "Are you still here".

I still have the letter that told me when and where and what clinic.

Needless to say, the 8 hour drive was a pure waste of gas and pain and time.

You can't get travel pay until you have been in to see the clinic that the appointment was made for.

And the travel window closes before 5 anyway.

Then the RO denied the claim that was involved because the vet failed to show for the appointment.

They also denied the claim because it was not appealed within one year. It was and I proved it.

The claim was denied because 'they changed the evidence' and I proved it.

They denied the claim because there were no historical records, yes there were and I proved it. They had them the whole time and even quoted those records.

They denied because there were no medical records, they actually had the medical records the whole time.

The claim was also denied because they put somebody else's records in with mine, more than once.

I filed a cue, nothing 'ever' happened.

I formally asked for a hearing, one was scheduled, then it was cancelled and never rescheduled, even after the BVA brought it to the attention of the RO in the remand back to the RO. They claim that the veteran cancelled the hearing but I have 'their' cancellation letter and the BVA remand related to that snafu.

They claim that there is no evidence that the condition was totally disabling until late in 2002. Then why did the Social Security Administrative Law Judge set the date as back in 1993, in 1996? And made my wife the 'payee'.

From what I have seen here over the last ten years, these simple, forgivable, easy to understand, common mistakes are the norm in most VA claims cases.

We ain't here because the VA people do the job right.

Whenever they can, they will recognize that a vet is unable to properly prosecute a claim and take every opportunity to screw that vet. Even when the claim is properly and timely presented like mine was 19 years ago.

My lawyer has a caseload limit of around 500 clients, all of them are like mine, he specializes. And he seldom takes on losers.

No, those overworked, underpaid, understaffed, service minded, public servants at the VA never select out or pick on.

They are always more interested in justice, never their stinkin quotas.

They get paid extra because the money is automatically alocated, not because they actually performed their jobs correctly.

As alway, I invite anyone and everyone to examine my files before calling me out. My lawyer did.

My blood pressure is perfectly normal.

sledge

[hurryupnwait]

You gotta watch those appointments, like when, where, what clinic, why and how was it reported to the RO.

My classic example:

The appointment was made for a time of day that misrepresented the actuall hours of operation of the clinic.

(To late in the day).

The appointment was made for a day of the week that did not follow the actual schedule of the clinic in question.

(Wrong day of the week).

After checking with the 'clerk' every hour for 8 hours the 'clerk' asked; "Are you still here".

I still have the letter that told me when and where and what clinic.

Needless to say, the 8 hour drive was a pure waste of gas and pain and time.

You can't get travel pay until you have been in to see the clinic that the appointment was made for.

And the travel window closes before 5 anyway.

Then the RO denied the claim that was involved because the vet failed to show for the appointment.

They also denied the claim because it was not appealed within one year. It was and I proved it.

The claim was denied because 'they changed the evidence' and I proved it.

They denied the claim because there were no historical records, yes there were and I proved it. They had them the whole time and even quoted those records.

They denied because there were no medical records, they actually had the medical records the whole time.

The claim was also denied because they put somebody else's records in with mine, more than once.

I filed a cue, nothing 'ever' happened.

I formally asked for a hearing, one was scheduled, then it was cancelled and never rescheduled, even after the BVA brought it to the attention of the RO in the remand back to the RO. They claim that the veteran cancelled the hearing but I have 'their' cancellation letter and the BVA remand related to that snafu.

They claim that there is no evidence that the condition was totally disabling until late in 2002. Then why did the Social Security Administrative Law Judge set the date as back in 1993, in 1996? And made my wife the 'payee'.

From what I have seen here over the last ten years, these simple, forgivable, easy to understand, common mistakes are the norm in most VA claims cases.

We ain't here because the VA people do the job right.

Whenever they can, they will recognize that a vet is unable to properly prosecute a claim and take every opportunity to screw that vet. Even when the claim is properly and timely presented like mine was 19 years ago.

My lawyer has a caseload limit of around 500 clients, all of them are like mine, he specializes. And he seldom takes on losers.

No, those overworked, underpaid, understaffed, service minded, public servants at the VA never select out or pick on.

They are always more interested in justice, never their stinkin quotas.

They get paid extra because the money is automatically alocated, not because they actually performed their jobs correctly.

As alway, I invite anyone and everyone to examine my files before calling me out. My lawyer did.

My blood pressure is perfectly normal.

sledge

But Sledge

My appointment was in Northern Alaska in February and no certifiable sled teams were going that way. What s a guy suppose to do use alternate transportation with the midnight sun beating down on my back. Just to reach a VA pup tent clinic that closes each winter to celebrate the midnight sun. But I have an appointment, I say, with a VA doctor and the locals just laugh because they have seen it before. Poor soul. Enslaved to a system that has no respect for him.

Happy sledding

Hurryupnwait

[john999]

I showed up for a C&P exam one day and was informed that the exam had been cancelled. I was told the VA would schedule another exam. A few weeks later I got a denial letter from the VA saying I had not showed up for my C&P exam. I got that denial thrown out and finally got another exam, but it shows how the VA can really turn things around on you if you are not awake.