SPO won his CUE claim!!!!

[Berta]

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 November 23, 2016 by Berta

[Berta]

SPO that is great that it went fast and I think many CUE claims should be given priority because they are not difficult (if prepared properly like yours was) to succeed in. 

What I mean is if the the legal error is clearly identified,

if their error clearly prevented the veteran from their proper comp, and

if all of the established medical evidence warrants an award of the CUE.

Others might disagree about the 'priority' idea but ,based on what vets have posted here, many of us can see, in a heartbeat,sometimes ,  that an obvious CUE was made by the VA, when we can read their decisions.

If we can find what appear to be valid CUEs in a decision, here, it should not take VA too long to do the same thing.

Some CUEs are more complex than others ....still 2 of my CUE claims sat around at my VARO from 2003 IHD CUE, and 2004 SMC Cue until another VARO awarded them within weeks of beginning to adjudicate my AO IHD claim.

They were brief and supported by documented established evidence, but the VA gave me a long bunch of ridiculous rhetoric....and then sat on the NOD for years.

The CUEs I filed immediately however,within the appeal period,days after I got their decision -went very fast.Then again I am a very aggressive claimant and I get pissed off when well paid federal employees cannot do their jobs right in the first place.

In the 6-7 years the 2003.2004 CUEs took, I started to doubt a few times ,whether I really had a CUE basis,but I would go over the regulations and the decision and the evidence VA had in their possession at time of that decision...and then I would regain my confidence again.

The same decision produced a very fast CUE, there were 4  or 5 CUEs  in the decision (1998) in mere weeks,because they violated 38 CFR 4.6 AGAIN! 

I love it when the VA screws up so much that they put their 38 CFR foot in their mouths.

You had great support from your vet rep, who I highly commend.And you KNEW you were right!