Berta Posted January 23, 2008 Share Posted January 23, 2008 from:http://www.va.gov/vetapp07/files3/0722335.txt "ORDER The July 1988 rating decision which denied the veteran's request to reopen his previously denied claim of entitlement to service connection for a right testicular disability on a secondary basis was clearly and unmistakeably erroneous. The CUE claim is granted." There are 1151 CUE claims decided by the BVA for 2007- and they dont have all 2007 decisions posted yet- certainly some of them have been granted. This one might involve only a small rating- but almost 20 years of retro makes it a great outcome for this vet. GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
carlie Posted January 23, 2008 Share Posted January 23, 2008 Berta, Good post for those denied on reopen of claim, also great for caselaw. Thanks, carlie Carlie passed away in November 2015 she is missed. Link to comment Share on other sites More sharing options...
HadIt.com Elder jbasser Posted January 23, 2008 HadIt.com Elder Share Posted January 23, 2008 Not to mention that it clould also be a protected rating with the 20 year rule. A Veteran is a person who served this country. Treat them with respect. A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served. Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with. Link to comment Share on other sites More sharing options...
carlie Posted January 23, 2008 Share Posted January 23, 2008 john, VERY IMPORTANT POINT !!!! Carlie passed away in November 2015 she is missed. Link to comment Share on other sites More sharing options...
Ricky Posted January 25, 2008 Share Posted January 25, 2008 Berta - not to change the subject of this post - however, by reading the post a couple of times a veteran can gain ideals of how to argue a point with the board. Such ideals include those dreaded "do it in a jiffy rating decision" which is followed by a "speedy gonzales cut and pasted SOC". It won't give you an easy word for word argument but with a little creativity one can gain the knowledge from these post to effectively argue just about any point during a hearing. As an example this one talks about a "rating decision that is brief and vague in the extereme". My point here is that we all know and try to transmit to a hearing officer that both the damn rating decision and SOC don't say crap. Now I know how to boardize the term etc....... Just a thought. Thanks for the research time you spend on items such as this. Link to comment Share on other sites More sharing options...
Question
Berta
from:http://www.va.gov/vetapp07/files3/0722335.txt
"ORDER
The July 1988 rating decision which denied the veteran's
request to reopen his previously denied claim of entitlement
to service connection for a right testicular disability on a
secondary basis was clearly and unmistakeably erroneous.
The CUE claim is granted."
There are 1151 CUE claims decided by the BVA for 2007- and they dont have all 2007 decisions posted yet-
certainly some of them have been granted.
This one might involve only a small rating- but almost 20 years of retro makes it a great outcome for this vet.
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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