Lost Cue The Impossible Dream

[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.

[Commander Bob]

Bob

My lawyer was more pissed off than I was since I was expecting the drill. What is interesting is that the standard the VA has for showing that it is undeniable that evidence excluded from a rating decision would have made a difference in the decision cannot be met. Me and my lawyer agreed that it was impossible under existing laws to meet that standard. The CUE law in this area is a fraud. The VA says that it is wrong to exclude records or evidence from a rating, but then comes back and says it would not have mattered anyway. It seems the only way to win a CUE like mine would be if the VA excluded all the evidence except my evidence. You have to see one of these decisions to understand the degree of fraud involved.

I wish we could drag them in front of a real judge and jury, and add on some punitive damages...

[Commander Bob]

Sorry to hear this John-and the CAVC could see things much differently.

. "However, they said that even if they had not excluded the evidence of "Chronic Schizophrenia" that I would still only be ratable at 10%."

In that case where is the 10% retro for all those years?

"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."

or the TDIU retro????? don"t give up on this John.CUEs have been awarded by the CAVC.

Thanks Berta. I find your post encouraging. And thanks for your tenacity John999.. I have a long row to hoe, and am inspired by you all.

Edited August 24, 2010 by Commander Bob

[john999]

Berta

Does the VA post CUE decisions on their website? The decison is too long to post here. It would be good reading. My lawyer Karl K. says he will take it to the Supreme Court. To quote the BVA "if it is not absolutely clear that a different result would have ensued, the error complained of cannot be, ipso facto, clear and unmistakable? Fugo, 6 Vet App. at 43-44. The VA admitted there was an error when the VA excluded my evidence, but since the the veteran (me) was able to have relationships, however superficial, with others that discounted my doctors opinion that I was unemployable and unable to function in society. That is why my CUE failed. I was on a locked ward when the VA doctor wrote I had some kind of relationships with fellow mental patients meaning, I guess, that I was not strapped to a bed and unable to speak. The burden the BVA has set for me no one could meet. By BVA standards it is just not possibile to have a CUE. I was awarded 10% which for a DX of "chronic undifferentialed schizphrenia" is laughable. It is like being a little bit pregnant. I never got my appeal right either. I am in a box only the law can get me out of via the CAVA I hope.

Bob

If you go after them on a CUE get a lawyer. Easier for a camel to go throug the eye of a needle than for a Vet to win significant retro via CUE at the BVA. If I had been heard to fart that would have satified the BVA that I could have significant relationship to others at the time.

[Commander Bob]

Bob

If you go after them on a CUE get a lawyer. Easier for a camel to go through the eye of a needle than for a Vet to win significant retro via CUE at the BVA. If I had been heard to fart that would have satisfied the BVA that I could have significant relationship to others at the time.

Thanks for the advice,John999. I will most definitely will find a lawyer.. Glad to see you can keep a good sense of humor through this.

Totally inspiring.

[john999]

Bob

The crunch in your claim for possible CUE and retro will be when the VA says "Oh,yes, he had PTSD in 1975, but it would not matter because there was some debate about symptoms and severity. It is not undebateable that he was only NSC or only good for 10%, and by the way, I believe some doctor said he did have two real legs. Therefore, there is debate about him losing a leg in Vietnam". This is the kind of reasoning they used in denying my CUE.

[Wings]

John, Since the VA has conceded an "error in fact or law", I would think the central argument here and now concerns the degreee and percentage of disability for your original claim.

Was CUE argument(s) concerning an EED; or CUE for higher % in your original award of SC? ~Wings