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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    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

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JoeLevi

Unmistakable Error

Question

Where can I send my claim for unmistakable Error? I live here in Cebu Philippines. I sent my claim to Hawaii DAV but the NRO could not help me which is I find ot to be very strange in that my claim has the evidence to support my claim. He just e-mailed me and Said, "Sorry I can't help you." Funny thing though, this same NRO sent my unmistakable claim to the VA in Manila! Any help, will be greatly be appreciated.

Thanks.

Joe & Levi

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Your RO is Manila.

That is where it has to go sincne it is the only RO there.

J

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Yes, you will have to use the VA Regional Office in Manila.

If you are considering filing a claim for "Clear and Unmistakable Error" (CUE) then you need to really read the conditions under which you can prevail in a claim for CLEAR and UNMISTAKABLE error. It is a very, very hard legal standard to reach.

If, after having read the entire content leading up to CUE, you feel that you do have a CUE claim, then find yourself a Service Organization (DAV, VFW, etc.) in the Philippines to help you.

If, on the other hand, you do not want to go with any of the Service Organzations, then let us know more about what you are trying to do, why you think you have a viable CUE, and we'll try to help you.

Do NOT attemp this stunt at home........this was filmed on a closed legal tract using professional stunt men. :rolleyes:

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You need to file a CUE claim with the VARO that made the erroneous decision.

If the BVA made the CUE you must file a Motion for Claim of Clear and Unmistakable Error with the BVA.

CUE-only a final decision can be CUED.

You must state the actual regulations they erred in applying to the denied claim.

There is plenty of CUE info here at hadit.

Whether A Motion for CUE in BVA decision or a VARO CUE -

you must state the date of the decision being cued as well as give the legal citations of the regs they broke.

This is for claims that are not still in the appellate state.

CUE does also not regard any Duty to Assist violations.They violate DTA regs all the time.

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I have heard bad things about the VA in Manila. If you are going to do a CUE in that place I would try and find a lawyer. I have never met a VSO who even understands the meaning of a CUE.

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Welcome here at hadit joelevi. You are going to be able to find the best assistance ever here. Looks like you have a case that will require the well versed/experienced people here, and looks like they are already responding to you. Take there suggestions, as many of them have been there, and they work diligently to help us all.

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