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Sent In Cue Claim
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Guest fla_viking
Dear Fellow Veterans & Friends
I finnely sent in my CUE claim for retro pay for 16 years. Only once in 26 years have I had the VA rule on the merits of my claim. All other rulings by the VA and Court has been challenges to my right to be there in the first place. OR they destroyed the evidence so I could not get a fair review. Latter on the VA always used the argument. I need new and material eveidence to re open my claim. I think on CUE they cant use any of the normal challenges they use to keep from having to reveiw the merits of my claim. Either I have a CUE or not and that will have to be the issue they rule on.
I know in the past the VA had absolute proof I was service connected by the documents before them but denied me the right to have them review them because of there procedure of demanding new and material eveidence. The VA for 22 years denied me acess to a C&P because they knew what the medical examinations conclusions would be if I ever got before a Dr with those documents.
This is going to be the same situation. My CUE claim is based upon the BVA finding that the VA did not obtain VA MMPI reports which showed 22 years latter that I was service connected all along. BVA cases and legal opnions state the VA must obtain records and if they dont and the records change the out come that is a CUE. IT will be interesting to see if they use procedural BS to deny ruling on the merits of my CUE claim or ignore my arguments all together. Ive seen allot of cases that were solid just to have the VA go off into alice and wonderland theroys to explain away its denials.
I will publish the BVA ruling when it gets in.
Terry Higgins
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