Jump to content
Ads Keep HadIt.com Online. Consider Turning Off Ad Blockers to Keep HadIt.com Online! ×
  • 0

Erroneous Statement In Soc


Guest Jim S.

Question

Part of my CUE claim points out the erroneous statement in the SOC, made by the Rating Specialist and signed off by the Adjudication Officer. If the VARO fails to consider the errors that I have pointed out, what is going to be my best course of action?

Like Berta has stated, they have to read the claim first, to have any understanding what, where, and how the CUE occured. If they do not look past the previous statement of the case and read the evidence, then they are likely as not to just rubber stamp the previous ruling and deny the claim.

If an appeal is in order, would it be prudent to ask for a DRO hearing, so that specific evidence that support the CUE issuse can be read into the record as it is stated so that certain assertions in the SOC can be seen in their proper light?

Trying to figure out what my next steps will be if my CUE claim is denied.

Jim S. B)

Link to comment
Share on other sites

  • Answers 4
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

4 answers to this question

Recommended Posts

Jim- I dont know if this will help explain what I meant-

The CUE has to contain the legal regulation they broke- that caused an error in the SOC-I have posted some of those legal citations that VA has violated in past successful CUE claims-

The SSOC I received recently stated it was not a denial but contained not only legal but medical errors- which I can support in the response they asked for----guess I have to resend my two IMOS too- they have never mentioned them but my Vet rep there said they have them right in the files-proving my claims.

Had I received a decision like this years ago-and never appealed it- I could successfully CUE it-(that is how bad it is) as the SSOC again broke VA regs but I am still in active pursuit of the benefits I seek. So no CUE needed.

My point is that the VA itself very rarely identitifes a CUE - it is up to the veteran-when the VA found a CUE in an old claim I had- and rectified it- this was only the 3rd or 4th CUE I ever saw them call on themselves-

in 20 years of accessing COVA, BVA and CAVC.

the legal citations that they broke have to be clearly stated in the CUE-

Duty to assist regs and medical diagnostic differences of opinion are not CUEs.

Whatever regs they cited in the past decision you are cueing -aside from those within Duty to Assist----

these are the potential regulations that they could have broken.

Edited by Berta
Link to comment
Share on other sites

Berta: Don't let it be said that anything that you may offer to comment on is not helpfull. LoL You are one of the few who I listen to, whether it has any bearing at the time on my claim or not.

I guess the waiting is beginning to have it's way with my mind. Listening how you have been treated, I worry about the same thing happening to me.

These VARO employees need to have adverse consequences for their shoddy, if not malicious adjudication rulings. otherwise why would they have any reason to change their ways?

Jim S. B)

Link to comment
Share on other sites

Guest fla_viking

Dear Fellow Veterans & Friends.

The VA employees at the RO level are above the law. The Court judges for Veterans says they dont obey court orders at the RO level.

Im writting a new post called the psycholigy of a RO denial. It is my hope to convince vetearns they are better off not appealing wiht in the RO trying to get them to read what they have refused to look at and understand what they dilbertly confuse themselfs on.

As far as the RO having to read a case before they deny it. You would be suprised how often the court upholds the VA right not to look at the facts of a vets claim

Terry Higgins

Link to comment
Share on other sites

  • HadIt.com Elder

What I did with my claim is that I had a former VA psychiatrist reevaluate and reinterpret all the events and records. She did this in such a way that the VA bought it hook, line and sinker. This can do wonders with a claim where the VA is saying you have other NSC reasons for them denying a higher percentage.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines