Cue Retro Back To 39 Years

[Berta]

The vet and his rep carefully went over the diagnostic codes for the 1975 decision.

BVA awarded 2 additional 10%s and probably combined them all. dont know ...still a very nice victory for this vet.

"THE ISSUE

Whether there was clear and unmistakable error (CUE) in the August 8, 1975 rating decision for the evaluation of residuals of L2 compression fracture."

"ORDER

There was CUE in an August 8, 1975 rating decision which granted service connection for residuals of a fractured L2 vertebra, and assigned a 10 percent rating; a 10 percent rating based on limitation of motion or muscle spasm with an additional 10 percent rating based on deformity of a vertebral body is granted, subject to the law and regulations governing the payment of monetary benefits."

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp14/Files1/1409655.txt

[Buck52]

Hang in there Johnn999 there's always hope to win any case at any giving time Ms Berta Vet is proff! of that!

[john999]

Berta's advocacy for herself is rather breathtaking since she was a spouse. There are some here that are as good as 90% of lawyers. I know the general outline of claims system, but I had Ken Carpenter as my advocate at CAVC and we lost. Britton, you are right. If you don't file it then you can never win. My CUE seemed so clear to me and my lawyer until the BVA started to do their tricks. They admit that my evidence in the record was never considered, but then come back with another theory that my evidence is not undebatable, and I cannot prove it would have change the outcome of the original claim. I see that the CUE is really for gross mistakes that are almost clerical in nature. For instance, they decided your claim with another's vet's evidence. You did not file NOD within one year, but still that is gross violation of due process. I "think" that might be a CUE. However, after my experience I am not sure. I had doctor's report on a VA form that was used back in 1972. The VA never considered it, but because of VA law I cannot prove they did or did not consider it. It was assumed that the VA carefully considered all evidence you sent them before 1990. They sent my rating and appeal rights to the wrong address and it was returned as addressee unknown. How would I know about appeal rights? AskNod says even that may not be a CUE because I knew that I was getting compensation which stopped and started every time I moved. I let the lawyers play with this because I knew it was over my head and big money riding on it.

I will be glad to give them 20% if we win. My original lawyer has been on the case since around 2008 I think. He has been with me to DRO and BVA hearings. He flew from New Jersey, so you know he believed in my claim. He has made trips to DC and even paid for filing my court case (well, so far). How can those who are supposed to know be so divergent?

[DustyAO105]

If the VA will focus on getting the claim right the first time the backlog will disapear due to a decline in appeals and NOD's

[63SIERRA]

We are blessed to have , Tbird, Berta, jbasser, asknod , pete, navy ,stretch, kelley, georgiapapa, and many, many others on this site '

The younger people involved on this site need to learn from thier knowledge so that the torch can be passed and veterans will always have a place to learn the TRUTH .

[ArNG11]

I have to agree with 63sierra here this sight is invaluable. This is a little personal for me because I am in the same boat except for me it happens to be the L1, t11-T12 with similar type of damage. I discuss a great deal with my rainmaker and this is an excellent post that really relates to my situation. Other than the L2 it almost mirrors mmy cases, hopefully it won't take that length of time but heh Thanks guys. Always good to learn like this.

[john999]

If the vet got 10% going back to 1975 the back condition surely got worse over time. Bad backs usually get worse. I wonder about what the vet's back looks like now?