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One Of My Favorite Cue Claims

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Guest Berta

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http://www.va.gov/vetapp01/files02/0117428.txt

This veterans compensation had been reduced!

You can readily see he was dealing with a lot-

The BVA even stated this:

"The veteran's CUE motion and supporting arguments are vague

and imprecise as to the precise legal basis by which he seeks

to invalidate the November 1982 Board decision. He maintains

first that the termination of the TDIU was "illegal and

irresponsible," and second, that the VA examination performed

in November 1980 was inadequate."

Regardless of that he fully restored his benefits due to CUE.

The American Legion repped him but I bet they probably didnt offer him much support -and his initial CUE was probably way too long.

I say keep everything as short as you can because lets face it-no one needs to read page after page if the point can be made simply.

Especially on CUES-

Roland- ( known this vet for long time! glad you are here!) if I didnt email you this in the past I can if you need this case. just email me-

This BVA CUE vet persisted! And throughout the actual claim that led to the BVA case he apparently was concise enough to get a good decision from the BVA.

Cue criteria:

1. final decision

2.misapplication of regs and or laws at the time

3. outcome manifestly different (more retro or restored benefits- in this case)

My two present CUES at VA are limited to about 5-6 sentences each and I attached copy of the decisions being CUED.

One CUE I filed many many years ago-

I wasnt even sure if it was a CUE or not in those days-1995- I simply said:

WHERE's MY MONEY?

And then I stated ( I was really mad) the atrocious error they had made in a decision and sent them copy of the decision.I called it an obvious clear and unmistakable error that anyone who could do simple math should not have made.

I threw in capricious and arbitrary too.I was livid!

Three weeks later I got the money-

That claim is in one of my very old computers-something about their decision letter suggested I could not appeal it so I filed it as a CUE.

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If the VARO committed the CUE- that is if they gave you the final decision that you never appealed- the CUE is filed with them

If it was a cue in a BVA decision, final and never appealed- you file the CUE with the BVA-

Also a CUE can be appealed from the VARO level to the BVA level-

The VA is trying to change one of my CUE claims into something else- to somehow re-open a real old CUE I had that went to the BVA-that issue was moot long ago anyhow by another decision- I forgot all about it-now it is a snooker tactic- I think- when they try to suggest you do something that doesn't make sense-I responded to their letter and told them I did not see their "rationale" at all . I aint buying what they are selling- my local vet rep agreed- he saw the big picture too.

If they award that CUE they propose, they would want me to withdraw my Nehmer retro claim-and no way Jose'-on that----

Also- a denied unappealed CUE ,that you cannot re-CUE----- if it is stated in an entirely different way- it could possibly be re-opened.

Edited by Berta
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