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asknod

CUE Karmageddon

Question

I love antique CUE. VA makes so many mistakes  it's almost impossible not to find one of these in your files. Finding another after you find one in the same decision is a hoot, too.

https://asknod.org/2017/08/05/malcolm-in-the-middle-part-iv-karmageddon/

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They need to do away with the 1 year bullsh*t.  

Most Veterans post service can't find the a$$, much less become medical legal expert witnesses in less than a year.

Maybe we could find a new Veteran willing to submit a claim for every ailment in the Merck manual.  2 or 3 thousand issues.  Then he would be covered for some thing that pops up three years later.

Just sayin,

Hamslice

Asknod, a good read, thanks..

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I agree with Hamslice.  The problem I have with the one year limitations on appeal are twofold:

1.  Why a deadline for Veterans, and no deadline for VA to process the claim?  Is this a claimant friendly, non adversarial system?  If it were claimant friendly non adversarial, then VA would have a deadline of processing claims of 1 year, and the Veteran could appeal at any time.  

2.  Again, I dont view as a claimant friendly non adversarial system where, if the VETERAN fails to appeal within the one year deadline he suffers the "penalty" of raising the standard of review to the obstenatcious "cue" standard of review.    In other words, since the Veteran was probably suffering from PTSD, and or other disorders, let's penalize him for doing precisely what this causes...putting off stuff you really need to do.  

     I see this right now with my son.  He should have gone to the VA within a year of discharge, gotten evaluated, and applied for benefits.  No, he wont do that, in no small part because of his military training ("suck it up, soldier, you are fine").  This happens even tho my son sees nothing wrong with living in his house without electricity or water.  "I did not have electricity or running water in Iraq, so I dont need it now."

      Its as if he is still in Iraq.  I cant help him, and by the time he eventually sees that he needs help, it may well be too late.  I dont know what he saw there, but I do know he needs help. 

      The so called "non adversarial claimant friendly" system is a farce, designed to lure Veterans into thinking VA or their VSO is their friend.  

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Not only is there no statute of limitations for apply for VA benefits, there is also no limit to the number of times you can apply for benefits. This means that if you are denied benefits at every level of appeal, you can start all over again with a brand new application.

 At this point I would recommend an experience VA Rep  or VA Disability Attorney as to see what course of actions you should take.

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To reopen a previously denied claim REQUIRES new and material evidence not previously considered (38 CFR 3.156) 

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Roger that, Big Poppa, but imagine how far we've come from "a well-grounded claim" in the pre-2001/pre-VCAA days. Nowadays, N&ME can be as vicarious as a statement from your wife, a new letter from your doctor re your ailments or finding old STRs from service which were not part of the record before the agency in the last adjudication process. Our rights as claimants continue to increase exponetially each and every day. I think the biggest one is allowing JSRRC records in as 3.156(c) evidence allowing for a much earlier effective date, assuming, of course, you had the wherewithal to have filed when you exited the service.

In some instances, when we appeal all the way to the CAVC or Fed. Circus, we create new case law for those who follow in our steps later. Think of Joe Fenderson, Norm Gilbert, Benito Layno and all the others who lost but made it possible for us to win at this poker game. Worry less about what the VA adjudication system isn't and focus on the miracle that even allows us to file a Motion to Revise or to keep reopening it until we prevail. No other comparable system exists in constitutional law. It is unique to the VA and no other.

The absolute best part is being allowed to practice law and fix these antique inequities for Vets. If VA ever decides to be honest and grant what is due without a fight, I'd be out of a job in short order. Which, incidentally, would suit me just fine. I'd rather spend my last days farting around in a VA-provided greenhouse!

Another thing many of us overlook is the value of what Theresa created here. How many of you would still be dead in the water without the knowledge of our combined experiences discussed here? Very few Veterans websites have such a valuable collection of wins and a careful explanation of how to repair prior errors. The only thing I observe is that some tend to offer advice based entirely on their personal experience and presume it is applicable in all instances. In all my years doing this (28), I see one constant-no two claims are remotely alike. Each one is a unique set of circumstances that requires legal insight-not experience. I stared at Malcolm's claim for six years and walked past a simple, basic error even a VLJ and a CAVC Judge and her acolytes missed. I was also itching to use my newly-coined word Karmageddon, too. Another NOVA atty. friend gives it a 6-1 odds of a win at Houston. My VLJ friend gives it a 2-1 based on who gets the docket in DC and a 5/9 of a reversal and win at the CAVC- all of which are better odds than emptying your wallet at a casino.

Win or Die

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