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Bignose

Can I CUE back to discharge ?

Question

 

I was medically discharged in 1990 at 30%.  I now know I

meet all the medical requirements for 100%.  So they did not apply 38 properly.

 

Or can I only go back to my first CnP after discharge ?

Thanks, Bi Nose.

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Its whenever you originally filed for the claimed disability to my knowledge I’m not sure how if the condition is why you were medically separated. I’d wait for another opinion but I would assume it would go back to their first C n P as that’s how the VA or their rating... someone should answer with way more knowledge then myself might be able to search recent decisions under the bva.va.org for best answer...

 

-sometimes parentheses “. “are your best friend in searches-

Edited by jfrei

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You have 3 separate threads here on CUE.

I suggest you carefully go over the requirements of 38 USC 5109A and all of the other info in our CUE forum.

I can simplify that info thus:

The CUE must be a LEGAL error, not a disagreement with any medical statements in a C & P exam etc.

However the results of any erroneous medical statements can involve the wrong rating and wrong diagnostic code and if that was to your detriment in any VA decision, that would raise to the level of CUE.

A CUE is based also on the established regulations ,in place at time of the alledged CUE decision.

CUE is also like the Watergate question- what did the VA know and when did they know it.

For example-say a vet gets SSDI solely for PTSD.

The vet files a SC claim, his/her nexus is proven, and the VA rates the claim at 30%.

Because the veteran has failed to advise the VA that she/she gets SSDI solely for PTSD.

That is not a CUE.

Or say a vet gets SSDI solely for PTSD, advises the VA of this award and even makes it clear with a TDIU form attached to the claim. Then the vet gets an award----for 30%  or 50 or 70 % SC PTSD , and the VA does not list the SSDI award as evidence, and disregards the TDIU form, although the the veteran can prove they received both submissions.

That is a CUE under 38 CFR 4.6.

A Cue also must have had a manifested altered outcome.....

meaning -if the CUE had not been made, the veteran would have received a proper $$$ comp award.

I learned a lot by reading BVA CUEs- the denials there are as important as the CUE awards.

The decision being Cued should be sent along with the CUE using  templates I have posted in the CUE forum. The date of that decision should be in the wording of the CUE.

Keep it as simple as you can.Most of my cue claims were a few very brief paragraphs.

One  I had was only about 3 sentences ,filed as a complaint with IRIS and resolved within a few weeks. My only evidence was the 2010 Nehmer Court order,which the rater could not read. I often wonder how many other AO IHD claims he messed up.

CUEs are found within the exact words of the VA in their Reasons and bases, and/or their Evidence list, and more often than not, within the diagnosic codes, and percentages on the rating sheets.

 

 

 

 

 

Edited by Berta
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Thanks ,,this board has helped me out a lot. 

 

Berta thanks a bunch. The info you have posted in this and other posts is helping me out a lot.

I lost my job in 12/2015 due to the consequence of my service connected disability. I have been

reading my medical records and VA law since then. It has taken me over two years to find this CUE and

know what a CUE is. Currently I am working on a CUE from a 1996 CnP exam.  All my CnPs seem to be very inaccurate.

When I am done writing my CUE is it possible to have one of the experienced people on here take a look at it before I submit it. ??

 I am trying to get a local VSO to look it over also but they are very busy. I have well over 7000 pages of med records so  don't think any VSO is going to read them like I do. At one point my med records disappeared from the blue button. When they magically repapered over a year later they have been altered. I have a saved copy of unaltered on my computer. Is this commom with the VA.?? I know the clinic I go to has been in trouble for deleting med records, but altering them is just as wrong.

 

Thanks Big Nose

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By all means scan and attach your CUE here ( cover C file #, name, etc, and we will look it over,to make sure it complies with CUE criteria.

We would need to see the decision you are filing CUE on.

That is concerning about the altered records...the worse thing they could do, in my opinion, is alter C & P exam results...and in one of my claims ,a cardio doctor crossed out a neuro's diagnosis notes in my husband's medical records... That's OK I could figure out what was crossed out. It was a critical part of one of my claims. The neuro doc left the VA and started private practice and he gave me a freebee brief  IMO.He was the only VA doctor at that VAMC who was not trying to cover up malpractice that started at  the local VAMC.

 

 

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