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Appealing BVA CUE denial to CAVC
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lotzaspotz
I filed a CUE at the RO, which was denied. It was based on 3.156(c). I filed an appeal on that with the BVA, which was also denied. Since I haven't traveled this road before, are CUE's eligible to be appealed to the CAVC?
Basically, I found evidence in my husband's military medical and VA records that wasn't listed or discussed in prior decisions, therefore, was not considered. This is not new evidence. Anyway, on one claim, tinnitus, I've asked for CUE for an earlier effective date. The other, a hearing loss denial, although the BVA decided to reopen his claim for a later effective date. In 1993, he thought tinnitus and hearing loss were both rolled into each other. Husband was an ATC guy and worked flight lines for 20 years with the old fashioned earpieces that were inserted directly into the ear canal. His MOS is on the list, and I sent in the fast letter about this, but it wasn't considered. Anyway, that's the short version. Thank you.
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broncovet
I will add that, with a recent BVA denial most lawyers who represent Veterans will be more than happy to look at your denial to see if they think there was error. You can have them look at it, give
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