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

[john999]

You know I looked at the initial decision I got for SC in 1973 and there was no C&P exam. The VA just used hospital records and SMR's. I see no where in the weird decision where my doctor's report was examined or listed. I got a copy of the doctors report from the VA when I asked for my C-File. The initial decision itself looks incomplete and I have never seen one like that since. I know I got screwed but it was over 30 years ago and I wonder if I have all the records of the decision. The VA said they sent me my entire C-File so I guess that was it.

[Berta]

That is my take too Terry-

if they had what they needed in 1972 but erred in the decision legally- CUE occurred and as you say Bell can help recover from July 1992 on-if the 1972 CUE can't fly.

[john999]

If the VA erred in 1972 I could only get back pay from 1992 forward??? The VA had the doctor's report in 1972 but they just did not include that as part of the evidence they used to low ball me. If I can only get back pay from 1992 onward then there is no reason to file a CUE to me since by then I had overcome the worst parts of my old disability (on my own I might add). I think I need to read a lot more cases before I open up this crazy can of worms. What seems obvious to me is probably not obvious. I just get the impression that the whole purpose of the law regarding vets is to find ways not to pay them.

[pearl]

If the VA erred in 1972 I could only get back pay from 1992 forward??? The VA had the doctor's report in 1972 but they just did not include that as part of the evidence they used to low ball me. If I can only get back pay from 1992 onward then there is no reason to file a CUE to me since by then I had overcome the worst parts of my old disability (on my own I might add). I think I need to read a lot more cases before I open up this crazy can of worms. What seems obvious to me is probably not obvious. I just get the impression that the whole purpose of the law regarding vets is to find ways not to pay them.

John, remember that the C& P's and doctors notes are just a tool for the rating specialists. They still get to decide what degree of disability they feel you deserve. It is supposed to be governed by 38CFR, but we all know they can easily circumvent that. At my last C&P the ortho doc said that my rating for cervical radiculopathy would be between 10 and 30%, of course the rating specialist chose 10%. I believe it should be 30%, but I choose not to battle with them any longer over it. I'm not sure that not giving the percentage that you feel you deserve would be a CUE claim. As was stated earlier it must be a legal error that would cause your decision to be different. They've covered themselves pretty well. Also anytime you ask for a reconsideration of something they can legally go through your entire claim file, that is why many on the the other sites advise against this unless you are sure you have an airtight claim. I have Cued two of my past appeals and was successful. On the last one the wrong rating code was used and this caused me to received less retro in 2005. Also they failed to award me a secondary rating for my carpal tunnel syndrome. These both were legal errors. They changed the outcome of my decision and raised my rating another ten points (90%).

Pearl

[john999]

Pearl

I have a bunch of small fry things I know I could use to increase my rating but I am P&T and unless it is something really serious I won't get into it. I am bitter over the way I was treated when I first got out of the Army and came in contact with the VA system. If I had played ball I know I could have gotten a higher rating. I was just one of thousands of vets that got slam/dunked by the VA. The VA used my inpatient records to rate me. All I had to do was throw a few chairs around and I could have gotten a much higher rating. I checked out AMA and that is why the VA psychiatrist said I was just a hippie and social misfit. I was not trying to get a disability rating. I was trying to get help. That was my mistake.

[foreveryoung]

John

I just had my BVA Hearing today in Washington DC. It appears to have going better than I expected. Time will tell I'll be keeping my fingers crossed.

I had evidence that should have been reviewed by the BVA/VA from my medical records but was not. This was a BVA decision from 1980. I had other issues I addressed as well at the hearing.

Off the record, I was told to summit the evidence that you feel was not reviewed under 38 CFR 3.105 (a). Than follow through the VA process for decision or BVA appeal.

3.105 Revision of decisions.

(a) Error. Previous determinations which are final and binding, including decisions of service connection, degree of disability, age, marriage, relationship, service, dependency, line of duty, and other issues, will be accepted as correct in the absence of clear and unmistakable error. Where evidence establishes such error, the prior decision will be reversed or amended. For the purpose of authorizing benefits, the rating or other adjudicative decision which constitutes a reversal of a prior decision on the grounds of clear and unmistakable error has the same effect as if the corrected decision had been made on the date of the reversed decision. Except as provided in paragraphs (d) and (e) of this section, where an award is reduced or discontinued because of administrative error or error in judgment, the provisions of §3.500(B) (2) will apply.