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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Berta

SPO won his CUE claim!!!!

Question

I try to highlight the winning claims here but I forget to....

The CUEs that succeed here are the best templates to use to see how the veteran has advanced their CUE issue.

They are very encouraging for others to see.

 

http://community.hadit.com/topic/68269-possible-cue-win/

 

Edited by Berta
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Awesome news!!!

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***************GOOD JOB BERTA***********************************************

I read over your advice to SPO, and, you nailed this one again.  Your advice was so good, it bears repeating:

(Please allow me to paraphrase Berta's advice):

+++++++Most Cue Claims that are denied are denied because the VETeran failed to allege the specific regulation that was violated.  ++++++++

     Cue seekers need to tatoo this on their arm.  Your cue claim needs to have the number of the 38 CFR, M21, MR,  or USC that VA violated.  No number, no cue.  

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I appreciate all the help!  I actually ended up submitting a statement of my own along with the DAV statement since they didn't identify a specific regulation.  I'm not sure if that made a big difference overall, but worth the time to submit it for sure.

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SPO did a great job...all I did is give him support.... it was a prime facie CUE.

But you are right to repeat that Broncovet.

My SMC CUE was primarily based on their violation of the SMC Mandate.

I even sent them a brief copy of VBM (NVLSP) as to how they described this mandate.

They can violate everything from a diagnostic  code to a Fast Letter,OGC Pres Ops , and anything in M21.

M21 is a good way to bolster CUE claims because once you narrow down their legal error often M21-1MR will support what they didnt do right as well as have citations from the CAVC and other references to VA case law, to support what the VA is supposed to do.

I even used a page from the 1988 M21-1MR for doctors to win my wrongful death claim.I found it at the Corning NY law library.

I had spent hours there looking over their legal stuff and finally sat on the floor to rest.(no internet then)They had VA stuff mixed in with all sorts of other legal articles and cases...and suddenly something caught my eye...a folder marked M21 VA Physicians guide.....within minutes I found superb evidence to support what I already had.

One page dated 1988..... malpractice does not need a proof of intent but just in case, I now had proof of intent and it was dynamite...and written in the same year  they began to malpractice on my husband.Dynamite.

 

 

Edited by Berta

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SPO, any chance you could post a redacted copy of your Recent Award? What is your new combined SC? An appeals timeline would be helpful.

Semper Fi

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