Questions On Filing C&ue Claim With An Eed. Circa 1969

[RSG]

I was wondering how I might determine if my claim was worth filing, for a CUE claim with an EED.

My BVA decision seems to indicate to me that a cue claim would be a reality in my case....

Maybe I'm reading it wrong, but I think the judge seems to think it may be vaild.....How to I go

about verifiyng wether or not this would be, by studying the deci sions he cited on my claim., or is

there something else I should look for....I was just denied My IU also....Got questions there too.

Tnx

[Berta]

RSG- I think the CUE here rests with the BVA- and this requires a CUE claim in the Manner of a Motion-to be filed at BVA-

I have printed this off and will get back here when I can come up with a way to word your CUE claim. Shaped on your BVA decision.

I need to find my old CUE claim at the BVA too-to see how I prepared it-

I have vet friend who I helped with CUE presently at BVA in similiar type of case-

It took him over 10 years to go from NSC to 100% P & T.It was a shock when he got the award from the BVA.

But they denied him for same condition many years prior to that.

I need to find the CUE I wrote for him too-

I think maybe I just need that BVA decision-printing that off too- to come up with the legal error or errors they committed at the BVA.

Carlie's template actually is quite excellent-

It is the actual legal errors that have to be specified.

will get back to you here- (I need to peruse the VBM too- their CUE section is great)

[Berta]

Wait- I am Wrong- Larry is right!!!!!!!!!!!!!!!!!

Do you have copy of the original denial from the VARO? CAn you scan it and attach it here?

As I re-read the BVA decision-they awarded -no CUE with that!

But it is the paragraph I posted here from the BVA award-

that kicks back to the actual VARO decision with the CUE in it-

sorry about that-

[Berta]

One thing to add to Carlie's template-

A CUE claim must state the date of the decision being Cued.

Also a RO decision gets CUE filed with the same RO- a BVA decision being cued requires Motion of CUE filed at the BVA.

RSG's BVA decision gives date of May 2004 RO decision.

The date, name of the VARO that made the decision and then the other stuff comes into play.

[Berta]

BTW all cue affectionados-

I feel page 5 of 9 in the BVA decision shows where the RO committed Cue in erroneous application of both 38 CFR 1111 (to include the General Counsel Pres Op) as well as 38 USC 1153.

The government failed to show with clear and convincing evidence that RSGs disability began preservice and any aggravation due to service was not warranted for a pre existing condition.

The BVA knocked down the RO logic on that. And RSG here did a good job of knocking this stuff down to-

This case is a good example of the capricious nature of the VA- I wish I had read this sooner----

a good example of how VA has screwed many many veterans.

RSG did the VA formally diagnose you with PTSD at all?

The original claim was for PTSD but then considered more broadly as a psychiatric disorder by BVA on page 6.

The only problem I see here is that the VA could say the PTSD claim was denied for good cause but this is only because the diagnosis was not PTSD for the ultimate award letter.

any thoughts on that one?

STILL-there is a lot here to work with-and then to simplify into the actual CUE errors.

On page 6 also the BVA says RSG was discharged from service and filed a claim shortly thereafter (I assume within one year after discharge) for a 'psychiatric disorder; under which his condition could be considered now as well as then.even if it was claimed initially as PTSD.

I feel the BVA decision as it stands is also evidence of the CUEs they committed.

Might take me the whole weekend but I need to pull out any other legal errors they made.

CUES make me angry- when it appears as a prime facie CUE like this does- it means the VA could have snookered this vet out of money for Years!

Va almost did that to me many times-and the awarded CUE claims show just how much cash stayed in the VA coffers for years -hoping the vet would never question them on a past unappealed denial.

Any comments on the part about 38 USC 1111 and 1151 and the OG Pres Op in this BVA decision?

[RSG]

Hi Berta,

"RSG did the VA formally diagnose you with PTSD at all?"........

Yes they did....I have a ptsd diagnosis from the Va..

As well as the diagnosis of major depression from SSD.

anjd all the documentaion from VA themselves for major depression/bipolar.....

On page 6 also the BVA says RSG was discharged from service and filed a claim shortly thereafter (I assume within one year after discharge) for a 'psychiatric disorder; under which his condition could be considered now as well as then.even if it was claimed initially as PTSD.

I was diagnosed with PTSD in 2001.......I have those documents..........I filed for a claim one month after being

discharged.....I do have the original denial......I just need to dig it out.....I will find it, scan it and provide it to only you.

if that's OK.

I am in process right now of getting all my mental health records, including all the C&P info.. from all the hospitals I have been to, I even have the mental health documentation from civilian doctors for mental health issues.

It took him over 10 years to go from NSC to 100% P & T.It was a shock when he got the award from the BVA.

It has taken me 39 years to get to this point...

Edited September 4, 2009 by RSG

[LarryJ]

"Might take me the whole weekend but I need to pull out any other legal errors they made."

and she will, too. Is that gal not a sweetheart or not?

You know, Berta, you are the one that caused ME to go on, when I felt all was in vain!

Now, because of you, my Wife has healthcare, and my son is going to be a contributing member of society and well educated, passing along his love of music to college students, for years to come.

Just thought I'd say what's on my mind (as you all know, I'm terribly bashful and unlikely to state my beliefs)!