Cue And Service Connection

[john999]

If a vet filed a CUE based on issues to do with their initial decision for service connection back 36 years ago could the VA call a CUE on themselves and sever service connection. I understand that once a vet has been SC for 20 years the VA cannot sever SC unless their is fraud involved. When I got my denial of my CUE the VA was making noises like my initial decision for service connection was not correct even though 36 years have passed. In an effort to shoot down my CUE the VA re-interpreted my entire decision and re-interpreted the reports of both my doctor and their doctor. They used information that was not even in the record at the time to do this in a half-ass way. It was the poorest decision the VA has ever made regarding any claim I ever made.

[free_spirit_etc]

Welllllllllll... Yeah. I could see if something occured such as you were misdiagnosed with X - and they granted Service connection for X - and years later they discovered you really had Y, instead of X - they wouldn't be locked in to continuing to pay Service Connection for something you didn't even have.

I guess misdiagnosis can go both ways - in favor or against the Vet.

Free

[john999]

As Vike points out if the VA has rated you as SC for ten years the only way to sever it is to prove fraud or that your character of service was not what you claim. I just don't like the VA playing fast and loose with the facts to justify a denial of my CUE. Now I know I will appeal this even if I get another denial. The VA says my doctor said X when he said Y. Just a complete misinterpretation of the written records.

[Philip Rogers]

I'd swear I'd replied to this earlier this AM. If you check the OGC decisions you'll see it's protected after 20yrs, even if it was an error, provided there was no fraud involved..

pr

[john999]

Phil

I read the regs again, and it says that service connection is protected after 10 years, and the rate is protected after 20 years unless their was fraud in both cases. Vike was right about that. I am getting this from the VBM. For instance, if you had SC of 30% for 20 years the 30% would be protected after 20 years and the basic service connection after 10 years, so even if their was an error it does not matter after you reach the protection time limits. Those are the only hard and fast protected zones for service connection and percentages. When the VA alleges fraud they have to prove it and they have to prove intent or it is not fraud. If it were not for these protections the VA could challange every appeal by calling CUE's on themselves even after 50 years. This would have a chilling affect on the whole process. What vet would be willing to ever file a CUE if it could result in him losing his SC even after decades?

[free_spirit_etc]

So this would be similar to the Periods of Incontestability with insurance - where after the time frame (usually two years for insurance) they cannot contest your claim - except for fraud.

Free

Phil

I read the regs again, and it says that service connection is protected after 10 years, and the rate is protected after 20 years unless their was fraud in both cases. Vike was right about that. I am getting this from the VBM. For instance, if you had SC of 30% for 20 years the 30% would be protected after 20 years and the basic service connection after 10 years, so even if their was an error it does not matter after you reach the protection time limits. Those are the only hard and fast protected zones for service connection and percentages. When the VA alleges fraud they have to prove it and they have to prove intent or it is not fraud. If it were not for these protections the VA could challange every appeal by calling CUE's on themselves even after 50 years. This would have a chilling affect on the whole process. What vet would be willing to ever file a CUE if it could result in him losing his SC even after decades?

[john999]

Free

That is how I see it except this is part of the code of federal regulations. I think their is a good reason for such a regulation considering how the VA might behave to cut the budget in future years.