Cue

[john999]

I had my DRO Hearing with my lawyer regarding my CUE. The lawyer argued that a CUE was made because all the evidence that was available to the rater was not considered. He did not argue how the evidence was weighed only that it was not considered in the decision. My psychologist's report on a VA Form was not considered in the rating decision. The DRO seemed to agree that I was low balled in my original rating, but that could just be talk. He will have to have some brass ones to award me 30 years of retro based on a CUE. However, if we go to court over it then it might become a precedent and the VA does not want that. If the VA admits a CUE then the evidence will be reconsidered again. God knows what will happen then, but I would advise anyone with a CUE that involves retro to get a lawyer. You can be blown out of the water so easily depending how you argue the case. I am asking for IU but even if I get 30% from 1971 to 1994 it would be a nice sum of money. If I had argued that I had an inferred claim for IU I would have lost because the lawyer said that was not CUE. Is there anyway I could lose service connection due to a CUE after 37 years? I thought it was only through fraud or character of service that your SC could be severed after so many years. Talking about that old stuff made me nervous, and I can't believe what the Army did to me. They knew I was sick and they threw me out anyway with nothing. Then the VA just low balled me and threw me aside as well. I got no appeal rights or any of that stuff.

It sort of reminds me of Berta's IMO's that have not been considered or even recognized. This seems like an error following the lawyer's logic. All evidence that is available to the rater must be considered. It does not have to win the day, but must at least be recognized if I understand it. That would be like the VA ignoring your SMR's and making a decision without regard to them. That would be an error.

[john999]

halos

When did you file your last NOD? If it is after June 2007 you can get a lawyer to review your claim. Find someone who knows what they are doing. You not only need someone who knows the law but someone who can craft a response. I don't know if your claim is CUE. I am not even sure mine is going to reach that level. If there is a lot of retro involved then a lawyer will be more willing to give it a shot because there is more money for him if he wins for you. One of the real problems with these claims is getting the VA to really read your claim. If they don't understand it or fear granting a large retro they may just brush it aside. If you have a legal eagle they are less likely to do that.

[halos2]

john999

I filed my NOD in 2006 and had my personal hearing sept 07 and was notified mar 08 denied and filed for BVA then apr 08 and file is sitting in RO waiting so I am still able to send info but I want to know if CUE is also what I want to bring up as they use the discharge summary as part of the denial and the date on the summary injury they use is NOT VALID! No such injury on this date, but was 2 months later...spoke with "newly want to fight va attorney" and she said I have done all thus far and she would take it if BVA denies it... SO DO I CUE THIS NOW OR WHAT?

DO you know how to get this info to berta or wings also?

halos

When did you file your last NOD? If it is after June 2007 you can get a lawyer to review your claim. Find someone who knows what they are doing. You not only need someone who knows the law but someone who can craft a response. I don't know if your claim is CUE. I am not even sure mine is going to reach that level. If there is a lot of retro involved then a lawyer will be more willing to give it a shot because there is more money for him if he wins for you. One of the real problems with these claims is getting the VA to really read your claim. If they don't understand it or fear granting a large retro they may just brush it aside. If you have a legal eagle they are less likely to do that.

[john999]

Halo

You can't CUE the decision because it is not a final decision. You are still in appeals process. The BVA has a chance to fix this error. You can only file a CUE on a final decision. Because of your NOD date your lawyer can't really help until you get to the Court of Veteran Appeals. You need to just keep getting evidence and send it to where your claim is at be it VARO or BVA. Do you have a BVA docket number? Did you bring up these matters at your DRO Hearing?

[halos2]

No docket # yet it is still sitting at RO. I have been over my records so much till I am dizzy. I found it when reviewing each word they wrote back and I did bring up issues at the hearing such as faulty c & p exam and examiner getting the ax no more c & p's for her, and yet when I finally got the transcript some of these issues are not in the typed record.

Also in SMR and VA tx records as well as medical records all these years it is written "back pain radiating down legs"... yet they say no continuation noted...

Had an epidural pain and steroid injection 2 1/2 wks ago and pain is worse!! There is a competition in my body with my brain and my spine...PTSD is rampid with these extra stressors!

So CUE cannot be brought up anytime? Only when you go to the BVA level? I thought if I wrote it to them now they would reexamine the evidence and award rather than have egg on their face when I win. But you don't think I should now??

I'm mad. I'm sad.

I'm frustrated.

I'm p.o'ed.

I want it straighted out now.

I've given them the scott free card for 34 years, now it's their time to get it right!

Do you think I should paper them to death with more facts?

Definately get another IMO right? Or have the other 2 Dr's clarify and add to previous testimony?

Got VFW SO what do you think there?

Halo

You can't CUE the decision because it is not a final decision. You are still in appeals process. The BVA has a chance to fix this error. You can only file a CUE on a final decision. Because of your NOD date your lawyer can't really help until you get to the Court of Veteran Appeals. You need to just keep getting evidence and send it to where your claim is at be it VARO or BVA. Do you have a BVA docket number? Did you bring up these matters at your DRO Hearing?

[Rockhound]

As I see it,You can not claim CUE until the decision becomes final., however there appears to be either evidentiary error or predudical error, that you can bring up in your NOD or at the BVA.

Since they are basing their assumption on incorrect evidence and if the BVA doesn't remand for correction and further development and denies it also, then keep appealing based on evidentiary error and/or predudicial error, since the evidence they are using is wrong.

This of course is MHO

Rockhound Rider

[john999]

If you let your VARO decision become final you could bring up CUE but you don't want to do that. A CUE is a rare long shot. You want your claim to be won at the local level if possible via a DRO Hearing or some kind of personal hearing. Going to the BVA means you have to wait two years. You may win, lose or get a remand. If there is anyway on God's Green Earth you can get in front of a human being at the VA to read your evidence you have a much better chance of winning. They don't even read the evidence at the VARO unless you are sitting across from a human. I know this because my claim for an increase in my artery disease was denied because I did not go to a C&P exam. I was never even informed of this exam. The DRO fixed that problem in one minute. Now I get the exam. It could have gone to the BVA and I could have lost because they would accpect the VA's word. They system is just a disaster, and only a human being looking at your file and your evidence can fix it.