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Cue

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FrankieG23

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I don't have a clue on cue. I have read previous post about them. Is it better to use atty or husband's VSO? It is involving the missing of getting NSC for IHD VA had evidence (it included an ER visit), and hospital is listed on records the VA received. However, when requesting for Nehmer it was denied, but the hospital was not listed this new time (2010) as records they used. If they didn't use the records from (2001), is this also a CUE? I had called his whole family back in 2001 as hospital told me the believed he had a heart attack. I don't want to give up. I am inspired by this web site, and all the great people on it. Side note: After my call to VA, a couple days later I was contacted by JD Powers to rate VA performance!!!

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Do you mean you have a denial on a Nehmer claim?

Is it regarding an EED? earlier effective date...........

Do you have and did the VA have an list as evidence , all of the medical records?

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Berta, Yes, husband got denial for Nehmer in rating decision of 2012. Acutual claim was for IHD and a few other things. Husband has had SC for IHD since 2003, but I had made it secondary to DMII Claim started in 2010. R/O said they also checked to see if they could award any Nehmer for EED, and it was denied. Listed in the denial in 2012, does not include records from original claim of DMII/hyertension from 2001. 2012 decision list records used from 2001, but not ER visit which is the important one pertaining to heart disease. VSO sent letter to VA, stating vet disagreed with decision as VA should have it in their records. VSO sent in copy of C/P exam from 2001. VA is advising recourse is to do CUE. Thanks, glad to see you back in action. I'm not sure what they have I haven't requested C file yet, still pending finish of claim. I just know on 2001 claim husband listed ER visit from the hospital as place to get medical records from, and VA list the hospital as records they received. Yes it says Nehmer could not be awarded after checking records, sounded like VA was required to check this.

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Of course if he had IHD as SC to DMII, and that rating and EED was correct, then there would be no Nehmer retro.

But I think you mean their was medical evidence of IHD that preceded the DMII IHD decision?????

"VA is advising recourse is to do CUE." Hmmmmm .

I had to ask them to CUE my Nehmer decision.....

Did you contact NVLSP during course of this Nehmer claim and have a Nehmer lawyer helping you with the decision?

They took my husbands IHD back to 1988 based on his VA med recs.

He also was awarded posthumously for DMII due to AO but VA will not rate the DMII. 1151 issue.

If I know more I can ask Rick Spataro, Head Nehmer lawyer at NVLSP but then again.......

can you scan and attach the reasons and basis fgor the Nehmer denial? (cover personal stuff)

They actually denied my Nehmer claim last December and I raised such a ruckus I made them CUE themselves and do it right. About 3 weeks later I had my award letter and the retro.

I am now waiting for them to CUE the award letter . They did very good work during Nehmer but still, mistakes were made.....

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You never want to file a "CUE" if a regular appeal will work. That is, if you are still in the one year appeal period, forget CUE, as it is unnecessary.

Just file a NOD instead.

The reason? Cue "raises the bar" and makes your claim more difficult to prove. Don't make it harder for yourself unless you have to.

The main reason for CUE is to try to win an earlier effective date, and, Cue is not the only way to do this. Another possible way is to use 38 CFR 3.156 C, New and material service records.

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If you can file an appeal then you cannot file a cue. A cue is only to be filed on a final decision or 1 year after the decision was made and is cannot be appealed.

j

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Thanks all, I have not gotten the decision letter yet. No, I'm haven't contacted the NVLSP, i can't scan. There is no new evidence, just the old stuff. Thanks again for advise. No, it's still within a year of decision. Not ready to throw in towel yet. I've got my gloves still on.

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