My CUE at the BVA was denied. The BVA admitted that the VA excluded my doctor's evidence in my 1973 decision. However, they said that even if they had not excluded the evidence of "Chronic Schizophrenia" that I would still only be ratable at 10%. The BVA said that a statement from a VA doctor on the locked psychiatric ward that I got on well with the other mental patients was all they needed to deny that I was low balled on my rating. My doctor said I could not work or function in society. This is what reasonable minds conclude that life on a locked ward is the same as life on the outside. It is more complicated but that is the basic idea. My lawyer is taking it to CAVA. The VA said also that no matter how unfair a decision is that does not make a CUE. If they never gave you appeal rights that is also not a CUE.
Question
john999
My CUE at the BVA was denied. The BVA admitted that the VA excluded my doctor's evidence in my 1973 decision. However, they said that even if they had not excluded the evidence of "Chronic Schizophrenia" that I would still only be ratable at 10%. The BVA said that a statement from a VA doctor on the locked psychiatric ward that I got on well with the other mental patients was all they needed to deny that I was low balled on my rating. My doctor said I could not work or function in society. This is what reasonable minds conclude that life on a locked ward is the same as life on the outside. It is more complicated but that is the basic idea. My lawyer is taking it to CAVA. The VA said also that no matter how unfair a decision is that does not make a CUE. If they never gave you appeal rights that is also not a CUE.
Link to comment
Share on other sites
Top Posters For This Question
8
4
3
2
Popular Days
Aug 24
12
Aug 25
7
Aug 23
4
Top Posters For This Question
john999 8 posts
Commander Bob 4 posts
Wings 3 posts
carlie 2 posts
Popular Days
Aug 24 2010
12 posts
Aug 25 2010
7 posts
Aug 23 2010
4 posts
22 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now