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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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cryingbear

Very New Cue, Newbie Plz Help

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Roger that. Winning a CUE claim, even if you're right, is one of the hardest things you ever assay to accomplish. Of course, finding an attorney to take it will be equally difficult. I cheated. I put my son through law school. I don't even have to cough up 20%. Of course, I paid for the juris doctor degree so that's a subjective financial assessment some might argue.

cp

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You would need to establish a documented service connected disability with a rating (even if the rating is "0" SC) from the VA, to CUE a past denial regarding the same disability.

While multiple diagnoses can be problematic, often a proven service nexus to one of them will warrant an award.

A CUE has three criteria and one of the criteria rests on the monetary value of the alleged VA error.

That the error had 'manifestly changed the outcome.' meaning when the VA made the alleged CUE decision,they owed you money ,had the error not been made.

We have considerable info here in our Clear and Unmistakable error forum. Those of us here who have succeeded in CUE claims or have valid CUE claims in process have read everything they could on CUE.

Getting a lawyer is a good idea.

CUE gets into lots of complex VA Case law sometimes.

The BVA CUE decisions posted in the CUE forum hold a wealth of info as well.

The monetary value depends on the fact that the disability is or subsequently becomes service connected.

Maybe you are trying to ask VA to CUE a current decision.? That info is in our CUE forum too.

When was the denial decision made?

This statement doesn"t make sense to me:

"The Department of Veterans Affairs’ erroneously considered bipolar disorder a mood episode itself as evident in the studies that ruled out bipolar disorder in my active duty during VA treatment with disregard for major depression. I was suffering from a “mood disorder” claimed as bipolar disorder."

Unless there was a question of the nexus, I think VA would have clarified the diagnosis.

Then again a friend of mine claimed Bipolar (Navy vet ). He had no SC rating at all. I helped him get his evidence from his SMRs and 201 file, got a shrink to emphatically agree with the results and he got almost 1/4 mil in retro after 10 or 12 years for 100% P & T after having no SC at all. It was a BVA award.

The Navy when he served in the 1980s did not recognize manifestations and symptoms of bi polar that were clearly indicated in his SMRs and Captains Mass 201 stuff.

About 2 years ago we filed CUE Motion on the BVA decision ,as to the EED because we discovered a legal error regarding the EED but no word on that yet.

You might need an IMO to clarify the disability but any one of the diagnoses you had are ratable and SC- able with a proven inservice nexus.

Can you scan and attach the Reasons and Bases for the denial? (Cover the personal Stuff ..name, address, C file # and tell us the date of the denial).

“In Damrel v. Brown, 6 Vet. App. 242, 245 (1994), the Court explained that in order
 for clear and unmistakable error to exist: (1) "[e]ither the correct facts, as they
 were known at that time, were not before the adjudicator (i.e., more than a simple
 disagreement as to how the facts were weighed or evaluated), or the statutory or 
regulatory provisions extant at the time were incorrectly applied," (2) the error
 must be "undebatable" and the sort "which, had it not been made, would have manifestly 
changed the outcome at the time it was made," and (3) a determination that there was 
clear and unmistakable error must be based on the record and law that existed at the

time of the prior adjudication in question.  See also Russell v. Principi, 3 Vet. App. 
310, 313 (1992).

When attempting to raise a claim of CUE, a claimant must describe the alleged error 

with some degree of specificity, and provide persuasive reasons as to why the result
 would have been manifestly different but for the alleged error. See Fugo, 6 Vet. App. 
at 43.  Where evidence establishes CUE, the prior decision will be reversed or amended.  
38 C.F.R. § 3.105(a).  For the purpose of authorizing benefits, the rating or other
 adjudicative decision which constitutes a reversal of a prior decision on the grounds
 of CUE had the same effect as if the corrected decision had been made on the date of 
the reversed decision.  Id. “
 http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp13/Files3/1326463.txt
Edited by Berta

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OK...I read the other post you had made here:

It does appear you have the nexus you need.

Still, we need to see the reasons and bases as to why the VA denied you......

And hopefully others will read and opine on your post today and the link to your past post.

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I had to shop my CUE claim around to a few lawyers. If they guy who took it really understood how difficult it would be I don't think he would have done it. Although the VA likes to pretend CUE's are cut/dried, and rare errors they are anything but that. They involves lots of case law. The worse the mistake the harder the VA fights it, especially if it is going to impact other vet's claims.

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