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.

[halos2]

The DRO at my hearing did deny it! She said 2 IMO's eval not good as they related to SMR and present but not in between..Yet one gave all medical info from the 1970's to current but neither gave info of review of VA files in the 1980's.

The SO said the file is sitting there waiting to go to BVA. I keep sending more info to them to look at as another DRO has not reviewed it again before it will leave. I don't think I could get another hearing even though I have more evidence, do you?

My SO didn't tell me I could ask for another hearing as it has been denied 2 times. I think I can't get another just to present more evidence.

So are you aware of something else? I am open for anything that could speed up the process. I know face to face helps as it did that day for my PTSD increase but not for my back injury on the same day.

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.

[john999]

Ask for another hearing and see what happens. Say you have new evidence. Go over all the details of how a DRO Hearing is supposed to proceed and see if you can find where it was not done according to the rules. As long as your claim is still at the VARO I would try and get another hearing to present new evidence.

[Pete53]

Am I nuts or I thought that a DRO review was limited to what was in the file prior to the decision made by the rating officer?

I thought that the DRO could not look at new evidence?

Have I lost my mind?

To me the only value of a DRO is a quick review of the claim and a quick decison. If the DRO overturns a bad decision good if they do nothing fine just move the claim up the chain.

Sorry I am ranting at VA and no one on Hadit

Edited July 6, 2008 by Pete53

[john999]

Pete

If you consider that if you have a DRO Hearing you will be giving testimony then that is new evidence. Also you may make new arguments as to why you should get the increase or SC you are seeking. This is what has happened to me in the past. I think you can add new evidence as well. The DRO seems to be quality control to keep claims from reaching the BVA and then getting a remand. Maybe it was because I had a lawyer that I also got a new C&P ordered up at my DRO Hearing on an issue that was denied already.