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Bva Denies My Cue For The 2Nd Time


john999

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The BVA denied my CUE for the second time today. My CUE was on remand from the Court to fix some technical errors, but I thought they might reconsider. So now I am pretty sure my lawyer will take it back to the court to get a decision on the merits of the case. How long, Lord, how long?

John

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Carlie

The reasons and basis of the BVA denial are that "it is not undebatable that the evidence that was excluded from the record in my orignial rating would have changed the outcome of the decision". The evidence that was excluded said I was psychotic and totally disabled. The BVA relies on written record of an unidentified psychiatric aide who worked in the Tampa VAMC that said "The veteran seemed to get on well with other patients". This makes the medical report from my doctor who treated me for six months three times a week debatable, therefore no CUE. The BVA says I meet the 2 out of three prongs of a CUE, but not the third where the evidence excluded would undebatably change the outcome of the original decision according to reasonable minds. Reasonable minds would give equal weight to a psychiatric goon as they would to a clinical psychologist according to the VA. We never said we wanted to reweight the evidence. We said that the evidence that was excluded would undebatably change the outcome of the decision. The VA is saying that based on the merest shred a decision can be debated endlessly and there is no difference in quality or quantiy of evidence. This is my lawyer's interpretation and mine. I don't have a way to actually post the "reasons and basis" except to paraphrase it.

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Hello John and Carlie.....Its just a shame that we cannot live as long as Adam and Eve, and Enoch and Noah did ..... we might then be able to outlast the VA and its timeliness on the claims issues. You are right John,,,,,,"how long , Lord how long"????????????????? NEVER GIVE UP . God Bless, C.C.

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