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Going Cue Alone. No Lawyer

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Guest fla_viking


Guest fla_viking

Dear Fellow Veterans & Friends.

I will be proceding on my CUE claim alone. My atty Joe Moore says I probly wont win and will not represent me in my CUE motion.

The BVA ruled the VA did not obtain the MMPI report which determined that I was SC all along. That is exactly the same language the courts and the law have used to determine what a CUE is.

Am I missing something here. I just dont understand how a ruling in my case using the exact language definining what a CUE is, and my lawyer says that dont apply to me.

I will in Dec submitt my CUE motioin. any one has any help on law or wording on this CUE let me know. This one is close to being sent.

Terry Higgins

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Terry- after probably 20 NY lawyers in 1995 told me I would never succeed in my FTCA claim-I continued to pursue it myself and I succeeded in getting what I wanted from the US of A.They paid.

An SSA lawyer in 1993 told my husband he would never get an earier retro from SSA - he did. They paid.

Pseudo lawyers from DOL told him he would never find the electric company guilty of discrimination against disabled veterans. He did. and they paid.

So do not be discouraged by a lawyer-I feel that your CUE made sense to me-

You posted a quote from BVA decision 99-13-826 maybe 2 weeks ago which I feel is the way to shape into stating your claim-


If you have the VBM - it is page 1035 in the 2005 ed- but I could find it if you have older edition-

they quote Sec 20.1403 of 38 CFR :

"Generally either the correct facts as they were known at the time, were not before the Board or the statutory and regulatory provisions extant at the time were incorrectly applied."

I feel that your situation fits into that.

These are not always easy and some go all the way to the CAVC.

I hope I get a decision soon on my 2 CUES-

maybe it would shed some light on what I think a CUE is-and could help someone here.

The CUE that district counsel called on the VARO in 2004 in my behalf involved:

1.final VA decision ( 1997) I never appealed on my offset.

2. a clearly erroneous application of the offsets regs in 38 CFR

to include Evidence from General Counsel in Wash which was the settlement I signed with the US of A.

3. manfestedly different outcome - I got about $40,000 more due to the CUE.

My 2 present CUES are basically the same thing-

VA had in their possession or should have had evidence that would have altered the two final decisions I received.

The manifested outcome I expect is 6 years retro SMC due the veteran as accrued benefits -under Sec 1151 and under Nehmer -direct SMC.

They have to get a General Counsel opinion on another claim I filed before the 6 years under 1151 is awarded.

I think the fact that your award was "presumptive" clearly indicates that

they had or should have had or misplaced or destroyed some records-but I feel that these were the same ones that declared your disability as presumptive.

This is a key point to your CUE.

and how it must fit into the VA's criteria.

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Guest fla_viking

Dear Fellow Veterans & Friends.

This CUE is worth 19 years back pay. That is allot of money even for a lawyer. Because CVC has not made a ruling on back pay due to VA's failure to obtain records or look at them once they got them. He feels its to much of a risk. However in my appeal i cite BVA rulings where they grant back pay under those same conditions.

In any event I want them to put on the record that the VA can make all the mistakes. The vet makes none. and they still require the vet to take full responciblity for the VA errors.

Terry Higgins

PS This appeal should be put into the press. Let the public know exactly whats going on to vets. I have a more correct copy I can mail to someone if they like. I was tired when I typed that all in.

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I love CUE awards.

My lawyer's next move will involve SSA records that were available but not mentioned in any SSOC until very recently.

The records were available and I requested that the VA obtain them in 1996 as they are material evidence in my unemployability claim.

SSA placed my unemployability in 1993.

My c-file records show unemployability in 1990.

Lawyers get 30 percent now.

My guy is in it for the long haul.

The VA recently changed their forms that are used to request info.

Make sure you are using the correct forms or the VA will use the 'old form' as a reason to deny and delay.


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