Should I File Cue Now?

[Cavman]

I have an appeal at the VA and a new claim at the VA presently. I am going to file a CUE for a related, but different matter. I think I probably should wait until at least the appeal is completed before starting the CUE. Thoughts....please.

Cavman

[Wings]

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John, There's only one (contemporary) case you need to study to prevail at CUE: Cook vs Principi. All the laws you ever wanted to know about CUE but were too disabled to ask are in this decsion.

Study till your eyes fall out yer head lol! I agree with you, CUE is unlikely.

I titled my latest BVA Issues "ERROR OF FACT OR LAW" (but wanted to add) CUE, and coming UNGLUED ... UNCLEAR TO THE VA, but UNMISTAKABLE to the VET !!

I attached the Cook (2002) decision below: cleaned it up and upped the font size. Oh, and if anyone here at Hadit HAS prevailed on CUE, I'd love to SHARE, will pop some corn and brew up some French Roast lol!! ~Silver Wings

CHRONOLOGICAL HISTORY OF COURT HOLDINGS ON THE ISSUE OF CLEAR AND UNMISTAKABLE ERROR

Bentley v. Derwinski, 1 Vet.App. 28 (1990)

Akins v. Derwinski, 1 Vet.App. 228 (1991)

Thompson v. Derwinski, 1 Vet.App 251 (1991)

Look v. Derwinski, 2 Vet.App. 157 (1992)

Russell v. Principi, 3 Vet.App. 310 (1993)

Collins v. Principi, No. 90-416, consolidated. with Russell)

Archer v. Principi, 3 Vet.App. 433 (1992)

Villalobos v. Principi, 3 Vet.App. 450 (1992)

Stephens v. Principi, 3 Vet.App. 513 (1992)

Bell v. Derwinski, 2 Vet.App. 611 (1992)

McIntosh v. Brown, 3 Vet.App. 553 (1993)

Kinnamen v. Principi, 4 Vet.App. 20 (1993)

Chisem v. Brown, 4 Vet.App. 169 (1993)

Mata v. Brown, 4 Vet.App. 274 (1993)

Robertson v. Brown, 5 Vet.App. 70 (1993)

Newman v. Brown, 5 Vet.App. 99 (1993)

Marlow v. Brown, 5 Vet.App. 146 (1993)

Wilson v. Brown, 5 Vet.App. 103 (1993)

Moray v. Brown, 5 Vet.App. 211 (1993)

Horowitz v. Brown, 5 Vet.App. 217

Porter v. Brown, 5 Vet.App. 233 (1993)

Lizaso v. Brown, 5 Vet.App. 380 (1993)

Romeo v. Brown, 5 Vet.App. 388 (1993)

Olson v. Brown, 5 Vet.App. 430 (1993)

McGhee v. Brown, 5 Vet.App. 441 (1993)

Fugo v. Brown, 6 Vet.App. 40 (1993)

Graves v. Brown, 6 Vet.App. 166 (1994)

Allin v. Brown, 6 Vet.App. 207 (1994)

Damrel v. Brown, 6 Vet.App. 242 (1994)

Caffrey v. Brown, 6 Vet.App. 377 (1994)

Duran v. Brown, 7 Vet.App. 216 (1994)

Mindenhall v. Brown, 7 Vet.App. 271 (1994), appeal dismissed, 53 F.3d 347 (Fed. Cir. 1995)

Luallen v. Brown, 8 Vet.App. 92 (1995)

Eddy v. Brown, 9 Vet.App. 52 (1996)

Berger v. Brown, 10 Vet.App. 166 (1997)

Donovan v. Gober, 10 Vet.App. 404 (1997)

Daniels v. Gober, 10 Vet.App. 474 (1997)

Lynch v. Gober, 11 Vet.App. 22 (1997)

Hayre v. West (1999) http://www.ll.georgetown.edu/federal/judic...ns/98-7046.html

James Cook v. Principi (2002) SEE ATTACHED

*Note: Hayre PREVALED on CUE for VA Failure in the duty to assist (not given medical exam), but his case was OVERTURNED by COOK!! Read the Concurring and Dissenting opinions in Cook !! ~Wings

Cook_vs_Principi.pdf

[Josephine]

Wings, and John,

It shouldn't be much longer before we find out.

Without any of my Psychiatric Medical records, I never stood a chance of ever getting a dime.

I would say that I have written a book to the BVA of how they violated my rights and why they should pay me back.

I have 42 years of private medical records to back up Anxiety, Depression and Headaches.

I looked at one case of nexus at the BVA site and happened to spot another veteran who contacted his treating military doctor for clarification of treatment.

I have his letter and letters by my own physican.

I will go down fighting!!

Thanks bunches!!

Josephine

[Guest jstacy]

The VA lawyers have really put them in the drivers seat in determining Cue. Adora, It is really difficult to Prove a Cue existed. I think once Attorneys are allowed to represent Veterans they will start to break down this barrier. The CUE format stated how evidence was weighed is not cue, I am saying that evidence in the record not even considered is a Cue. I have 2 SSOC"S from the RO that made this statement: there was no treatment, complaints or diagnosis of in the service record. However, The service record plainly shows both issues as being treated. The evidence that didnt get weighed.

Anyway, Adora, great information, You have given me al lot of homework and I intend to break it down.

[Guest jstacy]

Joesphine, You will be successful to use the New Effective Date criteria, It actually goes into effect Oct 6.

[Wings]

The VA lawyers have really put them in the drivers seat in determining Cue. Adora, It is really difficult to Prove a Cue existed. I think once Attorneys are allowed to represent Veterans they will start to break down this barrier.

The CUE format stated how evidence was weighed is not cue, I am saying that evidence in the record not even considered is a Cue. I have 2 SSOC"S from the RO that made this statement: "there was no treatment, complaints or diagnosis of in the service record". However, The service record plainly shows both issues as being treated. The evidence that didnt get weighed.

Anyway, Adora, great information, You have given me al lot of homework and I intend to break it down.

SIC 'EM TIGER !! Just DO IT!! NO MERCY !!

I would LOVE to see you prevail, nothing would make me happier, except of course, to see my claim prevail LOL!

Yours is a new twist - and I would like you to point me to a few cases that show this same position; got cases, got codes?!

I damn sure think you can call that CUE, it's CLEAR to me, but MUD PIE for them grrrrr!!

Keep up the good work ... Once you start feeling your OATS, then it all really starts to fall into place. Get MAD then get EVEN!!

Keep us posted ;-) ~Wings

[Wings]

Joesphine, You will be successful to use the New Effective Date criteria, It actually goes into effect Oct 6.

J., I would appreciate a link or copy to New Effective Date criteria: please??? Do you know if it's been published yet in the Federal Register??? ~Wings