Cue

[john999]

Where is the best documentation to determine if you might have a CUE? What are the basic elements of a CUE? When I look at my VA claim I know I was screwed over for years, but that does not mean I have a CUE. Before I wake up the monster I want to know if I even understand the concept.

John

[mssoup1]

In my husbands BVA hearing, he had, in my opinion, an excellent law judge hearing his case. When we brought up issues that they seemed to know nothing about or couldn't find the info in his records, I had the information and they asked if they could see what we had. I had additional copies of things which I took to the hearing so I was able to give them a copy of it. They seemed concerned that I was able to give them this information, while it did not appear that the RO had even looked at it.

Two issues were granted instant approvals. The others were remanded back due to the fact that they stated that the RO had not requested a new C & P exam since these claims were so old and also it appeared that they had also not requested his latest med records to review. In the end, my husband was finally given a 90% rating, but was being rated at the 100% rate due to their grant of I/U P&T with no future exams.

I think it is very important to be as prepared as possible when you go to any hearing. I had copies of the pertinent information which I felt to be the most important to his claim which the RO used in their denial. I wanted to be sure that I could back up what I was saying to them with hard evidence, even though this should have already been in my husbands file. I also didn't want the law judge trying to rummage through his file to try and find the evidence that I was pointing to. I wrote a letter for my use in the meeting. I had everything documented with what I wanted to bring up and say. I read the letter and as I came to an area I wanted to expand on, I stopped reading the letter at that point and went on to further discuss the issue at hand. I handled the entire hearing for my husband. While we did have a SO who was in attendance, he knew nothing about my husbands claim and I felt that I could handle dicussing the issues better. You have as much control over the hearing as your SO. Never feel that you cannot speak up at the hearing if you feel there is an issue which should be brought up or discussed. As they always say, it is your claim and no one can handle it better than you yourself.

A BVA hearing is a very important process within the VA claims process. Go into the hearing knowing that a lot of the information which you have already given to the RO will be brought up again in the BVA hearing as though it was never submitted. While you hate to feel like you are starting the claims process all over again in the hearing, it can feel that way. You want to be able to get the whole side of your story out to these people who will have your claim in their hands and could be making a final decision themselves on the outcome.

Don't know how I got so far off on the BVA process, but this is written only from experiences that I have had and the outcome was completely approved in my husbands favor. Everything that was before the BVA was approved.

Others may have different outcomes from their experiences, but I think if we share what each of us does at various times through the VA process that results in a favorable decision, then I think it can only help others who are going through the same process themselves.

mssoup1

[foreveryoung]

mssoup1

You are exactly right, that's how I presented my case at my BVA hearing yesterday. My law judge was very understanding and appeared to show an interest in what I was claiming.

[mssoup1]

Well, it seems you have gotten over one big hurdle. A BVA hearing is rough enough without ending up with a law judge who appears as though he would rather be somewhere else and doesn't seem the least bit interested in anything you have to say. Glad yours seemed to work out for you. Now comes the waiting period. Hope everything goes in your favor. Good luck and keep us posted on the outcome.

mssoup1

[Guest frank]

i only opened i claim that was in 1978, i asked for medical records for puncherd ear drum va wrote back no records,i did not appeal but kept trying over the years to get my records,i got those records in 2003,in records was a rating done in 1993 s/c for puncherd ear drum,could i usd this rating for a cue,in 1978? and what would i ask for? i might add va never informed me of this,since i got records everything is in appeal thank you frank

[foreveryoung]

Frank

1993 s/c for puncherd ear drum

Was this SC given a % of disabilty or diagnostic code? Did you ever have a C&P exam back than? You state everything is in appeal. What did you file for?

foreveryoung

[Guest frank]

Frank

Was this SC given a % of disabilty or diagnostic code? Did you ever have a C&P exam back than? You state everything is in appeal. What did you file for?

foreveryoung

in 46-49 52-56 i was in air force and navy, i filer in1978 for medical records,va stated no records found in 2003 i received all records found rating done in 11-4-94 rating tated re-open claim s/c for puncherd ear drum and m212-2 chaptre 5 part 111 expoed to radiation occ japan i now understand now what they radiation came from p-51 as i was s/ag for those plains,have all records from 2003 to prove my claim also rating granted for s/c 1993, another dated accoring to your records of 1948 i might add va never informed me of this ,so i want to use statment of 48 for a cue in78 no records found i spent 7 months in hospital in japan appeal are for navy as well as air force 100% was granted for air force,100% was granted for navy ptsd o i would like a cue for 1978 no records found ,when va had them all the time. frank