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Terry -your Cue Claim
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Berta
How much time is left to file at the CAVC?
Terry I went over discussions we had here back in Nov 2005 re: your CUE-
I do believe you have a valid CUE claim-
and I think this is key to it:
the VA before -you were discharged -had evidence of your SC disability-
You sure stated the Catch 22 well here recently -
they can hide evidence , then when the vet finds it, it becomes "new" evidence, thus they stave off the EED.
But CUE regs contain this phrase:
In Damrel the
Court held that for there to be clear and unmistakable error
"(1) '[e]ither the correct facts, as they were known at the
time, were not known before the adjudicator (i.e., more than
a simple disagreement as to how the facts were weighed or
evaluated) or the statutory or regulatory provisions extant
at the time were incorrectly applied,' (2) the error etc ----
The correct facts, in your case "were not known before the adjudicator"---
this seems to support the fact that the MMPI reports and other records were in existence
at some point with VA -in your case-yet the adjudicator did not know of them-
The correct facts- could also be that the VA had no legal ratings and definitions of schizophrenia at that time.
They did say :
"The RO should provide the veteran
with a copy of the requested VA MMPI
record from 1976, if it has not already " (Nov 2005 Hadit discussion)
So this does support the record existed ----but was unknown to the adjudicator-
My point is that I hope you do not give up on this Cue claim - dont think you will at all---
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