Clear And Unmistakeable Error Explained Here

[jbasser]

We had Carrie weletz ont he SVR show,

Go to this link to listen.http: //www.svr-radio.com/images/20110517_Carrie_Weletz_.mp3

It is one of the best shows SVR has produced. and its only going to get better.

All of you CUE birds, this is a must.

Basser

[Philip Rogers]

Thanks, John!! I'll try to listen later today, or tomorrow. I'd like to point out, to everyone, that CUE's aren't that hard to win. I've assisted with a couple/few of them and won each time. The criteria looks hard but it really isn't that hard to meet. jmo

pr

[Berta]

I agree Philip

as long as all of the medical evidence has been established-

then all the vet has to do is identify the legal error that altered the initial outcome.

actually it is more involved than that but

anyone with the VBM or who accesses BVA and CAVC can readily see why successful CUEs were awarded.

They are not a one shot deal either as in many cases where BVA denies the CUE, they point out the denial is not prejudicial (meaning if the veteran shapes the CUE differently , then it could possibly succeed.)

My CUE claims will be pending for 7 years soon.

Complete lack of rating and percentage for the veteran's established and fatal IHD under 1151 in 2 past unappealled decisions.

(Sameo sameo under the more recent direct SC award for DMII causing CVA and IHD due to AO)

And inaccurate ratings for the veteran's totally disabling CVA under 1151 (now direct SC under Nehmer)

and due to these errors SMC was denied as an accrued benefit.(SMC is mandated as an inferred issue when the medical evidence warrants consideration whether under 1151 or direct SC or-in my husband's case, under both.)

Three legal errors and two past decisions offered as proof of the decisions as well as other legal citations from OGC and BVA (only in legal respect as to those decisions)

These were very short CUEs that took up only half of a sheet of paper to explain and then refer to attached evidence and regulations.

The VA for the last 7 years so far has confounded the issues, failing to make any statement at all regarding my legal evidence.

These CUES are now under Nehmer and might be rendered moot by the new regs.

You are right in my opinion but anyone filing CUE must keep their focus simplified solely on the legal errors.

The VA might well attempt to confound the issues as in my case (they even wanted me to buy some pseudo 'reg' they made up)

but my focus for the last almost 7 years in any rebuttal I sent in -has always remained the same as to the legal errors they made.

[Vync]

Excellent SVR episode and comments