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Cue Or Appeal All?
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marl00
We listened to the radio interview on CUE with Carlie, all your opinions would be appreciated.
We received an award from our Milwaukee RO (it was sent back to RO from BVA). It stated the brain tumor was benign; but, it was malignant. Isn't this a "fact" that can be persued under a CUE? The outcome would change as it would provide two years of total temp disability, as opposed to the three months granted of total temp.
There are another issue concerning the brain tumor that was omitted although addressed. There was another issue on the appeal that was miscategorized and would change ratings based on symptologies.
Should or could we CUE that one issue or best to put the whole decision together?
imo, I would like to attempt to CUE. Based on your radio interview, is this a "fact"> Yes. (This is an either fact> benign or malignant.) Does it change the outcome of the decision?> Yes, if won, 21 months of total temp. We'd like to do a CUE and appeal the rest. Opinion?
Also, can anyone recommend an attorney? We have used a VSO and a timely issue had expired. We have used an attorney but basically we had to do most of the work on any appeal. But we will need one to go to CAVC.
Your responses would be greatly appreciated. ~marl00
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