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Ken Carpenter Has Joined My Cue Before The Cavc

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john999

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  • HadIt.com Elder

I was checking the CAVC website and saw that Ken Carpenter has joined my lawyer to act as co-counsel to argue my CUE before a panel of judges at the CAVC. He is doing it pro bono. I guess this is a good sign or my lawyer begged him for help? My hearing is 12-12-2013 at 10am. Does anyone have an idea as to why Mr. Carpenter would join my case free of charge just to argue it?

John

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  • HadIt.com Elder

The CAVC and my lawyers had the hearing. I listened to it on audio from the CAVC website. The VA's main point was that they maintain they did consider my private doctor's report although the BVA said it was obvious that my doctor's report was never used in my rating decision. They harken back to some reg that said before 1990 the VA did not have to discuss or even mention the evidence it used to make a decision. The judges did not like that answer. One judge said that if the VA did consider my doctor's report then the rating does not make sense. If they did not consider it then that is a mistake because they must consider all evidence of record. They argued about the missing evidence being "outcome determinative". I don't know how it will turn out in the end. The judges will probably find some reason to remand it. I did find out that the VA sent my rating decision to the wrong address, so when they argue that I should have filed an appeal in 1973 my lawyers tell me we may have another appeal. In 1973 I believe I was living out of my hat, or car. I found out I had won something when a government check finally got to me some place. If you are going to the BVA or CAVC to argue a CUE get a lawyer is my advice.

John

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