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john999

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  • HadIt.com Elder

I ordered my VBM and I am going to study on the subject of CUE. I have been reading some of the CUE cases at the BVA site. Some are outrageous. One guy was claiming PTSD because him and some buddies murdered a Vietnamese soldier in 1968. How anyone could be so dumb as to admit to something like this I don't know. He said that him and some buddies were driving a truck and decided to run over a RVN soldier just for the hell of it.

Anyway, if I file for CUE I want to be very sure what I stand to gain as well as what I stand to lose. I really don't want the VA going over my TDIU P&T with a microscope. This is about something that happened in 1973. Does a CUE claim give the VA a fishing license to examine your whole claim?

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Does a CUE claim give the VA a fishing license to examine your whole claim?

When I filed my CUE I gave the BVA specific information to look at which I felt was in error. I guess the VA can review anything in the record they want at the drop of a hat. But if there was no fraud in any claims granted there should be no problems. A CUE error is something that will pop right in their face. Just my 2 cents.

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Thanks for that response. I am looking at the BVA site and when I search for claims with CUE I only get one page out of 45,000. What am I doing wrong? I want to look at a lot of claims to see if my problem meets the criteria of CUE. I think that the fact the VA incorrectly rated me in 1973 is pretty clear but I still don't know it it meets CUE.

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VA is not suppose to go on fishing expeditions when an increase or other matter comes to their attention. It can get complicated in some respects.

1. If the rater notices while thumbing through the file an error which has nothing to do with the present situation he or she has a duty to note it.

2. If you filed for an increase in say a heart condition and determined secondary to DMII then they may take another look at the DMII. However, if you have a rating for say a sensitive scar on your left calf then the scar claim will not be looked at because no nexus can be formed between a scar on the calf and the heart.

It's a matter of a claim being linked to another claim and if so then all are open for review.

There is one other way for the RO to review your claims folder even without a claim being filed and that is if you were hospitalized. If you are hospitalized your file is flagged for review automatically by the RO.

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