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Unmistakable Error

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JoeLevi

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JoeLevi Newbie

JoeLevi

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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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jbasser Grand Master

jbasser

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Your RO is Manila.

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

J

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

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LarryJ Grand Master

LarryJ

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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:

"It is cold and we have no blankets.

The little children are freezing to death.

My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.

I want to have time to look for my children and see how many of them I can find.

Maybe I shall find them among the dead.

Hear me, my chiefs! I am tired; my heart is sick and sad.

From where the sun now stands, I will fight no more forever."

Chief Joseph

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Berta

Berta

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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.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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john999 Grand Master

john999

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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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halos2 Veteran

halos2

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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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poolguy11550 Rising Star

poolguy11550

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Hello Joe & Levi,

Arm yourself with knowledge before you do anything. The fact that you are here, means that you have started that process. My opinion is that the VFW in Angeles City, is best place to find representation in the Philippines. There are other places to find a VSO, but from my experience the knowledgeable "go it alone" veterans and those whom claims were submitted through the AC VFW had clearly better results.

http://www.vfwpost2485.com/

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