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bucfan47

Help? Is This Grounds For Cue

Question

I am currently a %50 service connected veteran with small fiber peripheral neurapathy in my hands awarded in 2010. I originally filed in 5/1999 honorably discharged in 12/1998. My original denial stated reasons as no evidence on record of being treated and no diagnosis, as well the C&P examiner diagnosed me with parethisia of the hands (subset of peripheral neurapathy) but stated that the etiology could not be found. I have documents in my records dated 4/98 - 10/98 that show treatment and also a provisional diagnosis of what I am currently connectd for. After recieving the denial I went to my local VA office for advice and was told I had no option for appeal as there was nothing in my records. I did not at the time have a copy of my records so ordered them but by the time I got them and found out I could appeal my time had lapsed. For years I got depressed and angry but my dad helped me through and encouraged me to try again and finnaly I was awarded but they only went back to 2009. Also I was awarded with the same information in my records that existed in 1999 just went through the Senator's office to get it done. Do I have a chance at CUE? Help is more than appreciated.

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Another one for the elders, but I would go after them for all you can. You have evidence they had the information and failed to use it in their decision, however a CUE is usually filed for an error in not following the process. I would still (at least) go after an earlier effective date with the evidence you have.

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I am currently a %50 service connected veteran with small fiber peripheral neurapathy in my hands awarded in 2010. I originally filed in 5/1999 honorably discharged in 12/1998. My original denial stated reasons as no evidence on record of being treated and no diagnosis, as well the C&P examiner diagnosed me with parethisia of the hands (subset of peripheral neurapathy) but stated that the etiology could not be found. I have documents in my records dated 4/98 - 10/98 that show treatment and also a provisional diagnosis of what I am currently connectd for. After recieving the denial I went to my local VA office for advice and was told I had no option for appeal as there was nothing in my records. I did not at the time have a copy of my records so ordered them but by the time I got them and found out I could appeal my time had lapsed. For years I got depressed and angry but my dad helped me through and encouraged me to try again and finnaly I was awarded but they only went back to 2009. Also I was awarded with the same information in my records that existed in 1999 just went through the Senator's office to get it done. Do I have a chance at CUE? Help is more than appreciated.

This brings back some bad memories to me as I went through the same thing.

You should call Bergmann and Moore and ask for Carrie. Explain the issues to her.

877 838-2889

A cue is a collatarel attack on a (Final Decision) It has to be a legal error that has caused you harm.(Harm is Retro). You have to show them clearly that by law where they erred and what reg they they goofed up on.

With this being said, I think you may have a strong CUE but I have not seen your case. Carrie will advise you on what to do.

Basser

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If SMR's existed that the VA did not use you have a case. It may not be a CUE, but there is another way to go at it. You will hear about it from others who know exactly what to do.

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Thank you! I will give them a call.

This brings back some bad memories to me as I went through the same thing.

You should call Bergmann and Moore and ask for Carrie. Explain the issues to her.

877 838-2889

A cue is a collatarel attack on a (Final Decision) It has to be a legal error that has caused you harm.(Harm is Retro). You have to show them clearly that by law where they erred and what reg they they goofed up on.

With this being said, I think you may have a strong CUE but I have not seen your case. Carrie will advise you on what to do.

Basser

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Thanks John999 Is this a separate procedure or within the CUE filing? Does it involve Lawyers?

If SMR's existed that the VA did not use you have a case. It may not be a CUE, but there is another way to go at it. You will hear about it from others who know exactly what to do.

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