Play Again

[Mr cue]

i have a cue claim 93 decision i was rated 10%under 5322 rating code which is for some one with gun shot wound. i have a neck condition with spasm i would try to incresae and told no scar or deep prenating wound.well in 2004 i was rated 5293 which is for my condition was give 60% unemployable. ok here is my cue on entarance exam check that broke elbow 12yrs old

had three different exam doc state healed quilfty for air bounre. i had fall in service hurt neck and elbow there was bone chip on exray of elbow. ok was i not suppose to be give in line of duty, presumation of soundness in 93 for my elbow or even aggravated by as it was on enlist and doc state healed had fall all the problem with it and with been rated for some one with gunshot and not been able to increase.i am looking for 93 eed i have not work since 93 from 93-2001 i rec 87$ with all the problem i had i was not even look at for a pension. got to slow down get mad evertime i think of it. now here a question to i am cue some thing from 93 i believe the person who did my case than is with the va now and i fell iam get the run around because i feel they donot want to look bad.they gave me this 100% think i wouldgo away i got a call saying u won but we can not go back to 93 unleast it go to washington. i toke it and now i am cue the decisoin form 93.

[jbasser]

Take the decision, then nod the effective date. A Cue can be filed on a ((( Final ))) decision.

You have to show legal error. That is an error that would have altered the decision or otherwise have cost you money.

it can be done, It has been done, It is doable, and it it is hard to do.

J

[Berta]

I think that anyone who comtemplates a CUE claim should buy the VBM or at least make sure they study many CUE claims at the BVA first.

They are hard to win but they have succeeded!

There are CUE claims here as well.

I have learned plenty from both granted and denied CUEs.

JBasser is correct- a CUE can be filed on any final unappealed decision- if the RO made the decision-the Clam is filed with the RO- if BVA made the decision, A Motion has to be filed under CUE against the BVA and sent there.

But only legal error comes into play- you must determine what legal error they made using the regs at time of the alledged CUE.

[Berta]

PS-if they evaluated you under DC as similiar to residuals of a GSW-that DC (5322)code might have been incorrect and if it was, and the medical evidence shows that -under the proper DC they should have rated you higher- then this would sure be a valid CUE claim.

Was the DC 5293 rating for somehing secondary to the 5322 disability ????

Edited January 6, 2009 by Berta

[Mr cue]

PS-if they evaluated you under DC as similiar to residuals of a GSW-that DC (5322)code might have been incorrect and if it was, and the medical evidence shows that -under the proper DC they should have rated you higher- then this would sure be a valid CUE claim.

Was the DC 5293 rating for somehing secondary to the 5322 disability ????

[Mr cue]

i have a cue claim 93 decision i was rated 10%under 5322 rating code which is for some one with gun shot wound. i have a neck condition with spasm i would try to incresae and told no scar or deep prenating wound.well in 2004 i was rated 5293 which is for my condition was give 60% unemployable. ok here is my cue on entarance exam check that broke elbow 12yrs old

had three different exam doc state healed quilfty for air bounre. i had fall in service hurt neck and elbow there was bone chip on exray of elbow. ok was i not suppose to be give in line of duty, presumation of soundness in 93 for my elbow or even aggravated by as it was on enlist and doc state healed had fall all the problem with it and with been rated for some one with gunshot and not been able to increase.i am looking for 93 eed i have not work since 93 from 93-2001 i rec 87$ with all the problem i had i was not even look at for a pension. got to slow down get mad evertime i think of it. now here a question to i am cue some thing from 93 i believe the person who did my case than is with the va now and i fell iam get the run around because i feel they donot want to look bad.they gave me this 100% think i wouldgo away i got a call saying u won but we can not go back to 93 unleast it go to washington. i toke it and now i am cue the decisoin form 93.

[Mr cue]

i have a cue claim 93 decision i was rated 10%under 5322 rating code which is for some one with gun shot wound. i have a neck condition with spasm i would try to incresae and told no scar or deep prenating wound.well in 2004 i was rated 5293 which is for my condition was give 60% unemployable. ok here is my cue on entarance exam check that broke elbow 12yrs old

had three different exam doc state healed quilfty for air bounre. i had fall in service hurt neck and elbow there was bone chip on exray of elbow. ok was i not suppose to be give in line of duty, presumation of soundness in 93 for my elbow or even aggravated by as it was on enlist and doc state healed had fall all the problem with it and with been rated for some one with gunshot and not been able to increase.i am looking for 93 eed i have not work since 93 from 93-2001 i rec 87$ with all the problem i had i was not even look at for a pension. got to slow down get mad evertime i think of it. now here a question to i am cue some thing from 93 i believe the person who did my case than is with the va now and i fell iam get the run around because i feel they donot want to look bad.they gave me this 100% think i wouldgo away i got a call saying u won but we can not go back to 93 unleast it go to washington. i toke it and now i am cue the decisoin form 93.

i feel there was a cue on my 93 decision i have sreach cue and found one just like mine that was granted i had a hearing i put the cue granted stated the laws i fell were cue and i got a decsion with nothing about hearing or laws just something that said the va has been most genrs i can not spell but get the pic. i just did nod and now waiting again put in for hardship.and that was with the hearing in may got decsion in oct. who could i find out who did my 93 decision so i can see if this person is playing with my cue case.