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  • 14 Questions about VA Disability Compensation Benefits Claims

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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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  • Most Common VA Disabilities Claimed for Compensation:   

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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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2NDMARDIVDOC

No news good news???

Question

I submitted a CUE claim via FDC a few months back. I was granted a C&P exam for the issue. Regional office also requested a medical opinion from the examiner. The exam and the MO was very favorable. The claim is now in the "pending decision" phase. My question is, is it true that if my claim did not meet the requirement(s) for a CUE, would the VA have notified me? I have not received any notifications from them other than the exam. So does that mean they consider the CUE valid?

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Why do you think a C & P was ordered? No other claims pending, right?

If the above is correct, no Decision on your CUE Filing will be made until the C & P DBQ is reviewed.

Post a redacted copy of your FDC and CUE Evidence of Record, that was missed or not taken into consideration by the original Rater.

I did an FDC 04/16 "Official Request for EED CUE Review" of a 12/15 Award. CUE Award made 07/16.

Semper Fi

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Gastone,

 I probably did not ask my question clear enough. I realize that a decision of the claim cannot be made until the rater gets the DBQ ect. When I filed the FDC it was a re-open / CUE for a condition that was denied back in 02 when I discharged. I submitted new and material evidence. I know that the claim can be granted without approving the CUE.

The question was this: When I submitted the re-open / CUE and regional received it, if at that time they saw that I didn't meet the requirement for the CUE, would they have notified me that the CUE was dead but they were moving forward with the re-open request?

I don't have the docs you requested with me at the moment. I will try to upload them when I can.

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People ask me all the time:

"What would VA do when x happens?"

The answer is always that VA is not a unified body, and VA will do whatever they please, when they please.  Time and again they dont follow their own rules, but bend them to fit their own preferences.  

We dont know what the VA will/will not do, until after they have done it.  

I do agree with you that, if you the VA had an easy CUE denial, they would have done it, but not necessarily so, given what I just posted.  

VA goes their own way, with no accountability.  Its one of my pet peeves...we should be able to expect VA to follow their regulations, but we cant, and we have to appeal.   The burden is on us to compel the VA to comply with their own regulations.  Otherwise, in a year the decision becomes final...even with the mistakes.  

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This claim doesn't pass the smell test. Clear and unmistakable error must rest on the evidence of record at the time the decision was made. Further, it has to based on the statutory and regulatory laws at the time of the prior decision. It's impossible to have a FDC CUE claim. You cannot have a C&P exam and add that to the evidence of record in 2002. You can ask for an increase as a reopen on an FDC but a CUE claim must be bifurcated from a request for increase because it seeks to overturn a prior decision based on the evidence as it was know at the time not being before the adjudicators or a gross violation and disregard for the regulation controlling it. Moreover, the result has to to have manifestly changed the outcome. You may win an increase but your decision will not encompass a finding of CUE one way or another. That will be a separate decision based on an entirely different metric. 

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Bifurcated, sounds painful, can't be good. :-)

Semper Fi

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