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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

If I win and it sets a precedent then the VA won't be able to suppress or "lose" evidence from VA claims and just say that "yes, we considered that evidence and just because it was not referred to in any way in the rating that means nothing. You just have to trust us". I do see battle ahead when they try and stage ratings for the years after 1971 saying I got better, worse, better.....until the day I was granted TDIU almost thirty years later. If you read my case you will see what seems to be the most egregious violation of due process. If you know you are right just pursue your claim all the way to Federal Court if you have to do it.

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  • HadIt.com Elder

I know they have audio and possible video after the hearing. I just want to know if I win if and when do I get my money? I don't think VAVC can actually award a percentage rating. If they find a CUE they send it back to BVA for a rating I think. We have been so focused on just proving CUE that my lawyer has not really told me what happens if I win. I am not getting any younger and I would like possibly get something tangible out of this battle before I kick off.

What does happen after your prevail at the court? This would change my original rating with a 1971 effective date. It would also have some sort of impact on all the other decisions since then and there have been quite a few. I don't want to pester my lawyer with these questions because he says just worry aboat establishing CUE was done.

John

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