Cue And Lawyers

[john999]

I have talked to a couple of lawyers about my CUE claim in the last few days. None of them seem to really understand what a CUE is all about. They are both SSA lawyers doing VA law who have a hard time understanding the fact that a CUE is based on the facts as they were in the CUE'ed decision. My CUE occurred at the VARO, so I have to find lawyers who want to represent me there and not wait years to get to the COVA. I am going to show them my SSA earnings which shows that I never made more than 4500 bucks a year from my discharge in 1971 until 1985. This is a period of about 14 years of being basically IU. Then I got a job with the USPS and started to make some money. The thing with the USPS is that all I had to do was show up. I need cases or better explanations of CUE to show these guys. What do you do when the lawyers who are supposed to know don't understand the concept of CUE and its implications?

[Berta]

John- I think it will take many of these lawyers years to get up to speed on VA case law and regs-

I havent even tried to get a lawyer yet for my CUEs because I sure dont have the time to explain to them what the CUE regs involve and why my evidence supports my CUE claims-

I wonder if some of the CAVC lawyers listed at their site- who nadle vets claims at the CAVC are acceptng claims under the new attorney for vets regs-

I did talk to one lawyer some time ago-who is in the electronic community -about my CUE claims and he said he had so much claims work that he didnt have time for CUE claims-

(I think he really meant he didn't understand them)

CUEs are based on legal beagle stuff-so you would think a lawyer would love to challenge a VA decision due to the legal avenue of attack.

I decided not to even ask a lawyer to help me on my CUES. When the VA learns how to read their own regs, I will succeed on them anyhow.

I have a lot of respect for the adjudicator who has sent me letters on my CUEs- he seems to get them and used a bizarre reason to deny them-the reason he used- as I recently told VA in response is completely eradicated by the documented facts of the case-all appearing in my c file.as well as Significant VA case law that I sent to them.

I am getting a DRO review on my CUES- and luckily my POA dumped me-so they arent the middleman on the DRO review and I can deal with the DRO myself. They probably think a Cue is what you play pool with.

[john999]

My lawyer wants to see my SSA records but the thing is that the CUE is based on the evidence that was in the record at the time and not years of SSA records that determine my ability to work 15 years later. However, the SSA records show a lack of significant earnings during the period from 1972 to 1985 when I got "lucky" and got a job with the USPS due to being a disabled vet. This is frustrating because I know the VA will sandbag me at the VARO. There is just too much retro involved for them to approve my claim without a knock down, drag out fight. I don't want to have a fool for a lawyer(myself) or one who thinks a CUE is a poolstick.

[Pete53]

John:

I think that you and Hadit could pull this off.

[john999]

Pete

Maybe you are right since the lawyers seem to have never heard of CUE. I always believed in getting expert help for anything that was legal. Now I think I am just spinning my wheels with these legal beagles. If it is not an easy buck they don't want to touch it. They want to do it like SSA. File the paperwork and then show up for the hearing and take 20%. I am disappointed because I know the VA will put the whammy on my claim. They are going to twist the facts until I don't even recognize my own claim. They already tried to add evidence that was not in the record to deny the claim, but I stopped that trick. I expect they will try and redefine the claim to get away from the retro. We know it is just about the money and justice has no place in their calculations.