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CUE and Benefit of the Doubt Help
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Question
Jamezam
I've decided to take a crack at creating a CUE and Benefit of the Doubt failure for a claim that was originally denied in 1988, but finally approved in 2014. And, I currently have a pending NOD on the effective date of said claim.
I would be so grateful if anyone could view my CUE and original claim denial. My question is this, am I on the right track with my CUE? I have been developing my CUE using language based on an actual citation by the BVA awarding a CUE to a veteran for the same condition and circumstances in which mine was denied and quoting Title 38. It's so easy to get confused with all of the information out there.
So any advice will be greatly appreciated. I have uploaded my CUE in development phase and original claim denial.
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FormerMember
If you are going to use 3.102 as the foundation for the CUE, you're dead in the water before you even get out of the gate. You can read Russell v. Derwinski (1992) or my article of what constitutes a
Jamezam
mos1833, DO NOT GIVE UP! I gave up on my claim in 1990 and then a Iraq war Veteran convinced me to take up my claim again in 2007. I've been battling with the VA every since. I finally received m
Buck52
jamezam, Found this over at the VBN Site
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