Question On Remanded Cue

[oldman273]

Hello I had a claim that went to BVA lost case applealed it with help from a veterans legal fund (pro Bono) the claim was won on appeal after the facts were clear on about 14 points Clearly the VA assumed a lot of things we all know what happens when we assume correct? Is there a reason now that the case has ben remanded back to the state and is at the ratting board I submited new evidence also with a couple of IMO. Is it odd that the VA did not schedule a newer C/P exam prior to the rating board? Yes I am dreaming but It is cheaper than buying a lottery ticket. I would have thought that the initial orthopedic surgeon who said my injuries were SC at first would have won it but a PA shot me down claiming it was an Injury at work. Way too many things to list good bad any thoughts? thanks I really would love to win the case I kept the claim alive it is now 9 years old this month. Again have a good day...

[jbasser]

The BVA will remand a claim back to the RO so the RO has to make an opinion consistant with the one the BVA came up with. They are supposed to give your claim expeditious treatment.

It is a heck of a lot better than getting remanded to the AMC or appeals management center. Can you post a Docket Number (BVA)

J

[john999]

Was this a actual CUE claim that you won at the BVA?

[oldman273]

Was this a actual CUE claim that you won at the BVA?

Sorry it took so long but yes won on appeal from BRA the claim remanded still waiting for answer. I am too young for

total knee replacement but I would do it if it would help. Again sorry it took so long for reply I will advise

[john999]

The question will be how they figure your rating in light of the remanded CUE. If you don't like they way they rate you hire a lawyer. They might give you some sort of graduated rating over the last 9 years. I have a CUE that goes back 40 years, but I don't know if the rating will be constant or a rating that is graduated over the last 40 years. You know I might get 30% for ten years and then 50% for the next ten and 70% for the next ten when I think I should have gotten 100% for the first 15 years and maybe 70% for the rest of the time up until I became unemployable. This is why I have a lawyer.

[oldman273]

The question will be how they figure your rating in light of the remanded CUE. If you don't like they way they rate you hire a lawyer. They might give you some sort of graduated rating over the last 9 years. I have a CUE that goes back 40 years, but I don't know if the rating will be constant or a rating that is graduated over the last 40 years. You know I might get 30% for ten years and then 50% for the next ten and 70% for the next ten when I think I should have gotten 100% for the first 15 years and maybe 70% for the rest of the time up until I became unemployable. This is why I have a lawyer.

Yes I have a Law Firm out of DC through the veterans legal Defense fund They were the firm that took my case after it went through the VBA and fought to have it rermanded back to the state. The Cues on the claim were a whole page and I hope I will get an answer soon the claim is at the ratting board. 40 years is a long time you have the patience and determination to hang in there. Mine is only 9 years old. Adios....

[john999]

My lawyer is having some kind of hearing at the CAVA Tuesday. The lawyer called me to have me by the phone to consult if they come up with some settlement I guess. The hearing is at 11 am, so I will be sitting by the phone. I think my lawyer is anxious to get paid. I am not going to agree to some low ball deal just so he gets paid sooner.