Click To Ask Your VA Claims Question
Read Disability Claims Articles
View All Forums | Chats and Other Events | Donate | Blogs | New Users | Search | Rules
- 0
CUE template for Cannabis
Rate this question
Click To Ask Your VA Claims Question
Read Disability Claims Articles
View All Forums | Chats and Other Events | Donate | Blogs | New Users | Search | Rules
Rate this question
Question
Berta
Im so sorry for the loss of your daughter. The grief must be terrible.
if you can scan and attach here how far she got wih the CUE and
if we can see the decision here we can help more. (Cover C file# name etc prior to scanning it)
-Because this is a public forum and what we do to help one vet ,can often help another when they read our posts,I dont answer much profile stuff.
This is one of my actual CUE claims.
"This is a claim of Clear and Unmistakable Error under auspices of 38 USC 5109A."
In the enclosed 1998 DIC award letter rating I received the VA failed to acknowledge and rate the deceased veteran’s heart disease,which was one of the “ multiple deviations “ in medical care that the decision under Section 1151 was based on.
Exhibit A 1998 VA DIC award and rating sheet
I have enclosed as Exhibits B and C, further medical documents in VA possession at time of the 1998 decision that prove that veteran’s heart disease was undiagnosed and untreated and contributed to his death.
Exhibit B VA Peer Review March 1995 reguested by Regional Counsel and prepared by Dr XXXXXXXXXXXX, Bath VAMC. malpractice on heart 6 pages
Exhibit C VA Central Office Strategic Health Team Cardiology report regarding malpracticed and defined “ multiple deviations” that all “ hastened” the veteran’s death 2 -pages
The veteran’s undiagnosed and untreated heart disease had been established in multiple VA medical records as well as at VA Office of General Counsel , for my FTCA case, and at VA Central Office and their findings were sent to the Buffalo VARO by me, via priority mail ,prior to this decision and were ignored.
The legal error to my detriment as the surviving spouse was that no rating or acknowledgement whatsoever for made on the 1998 rating sheet for Rod’s heart disease.,yet the award letter clearly states it was one of “multiple deviations from a usual standard of care and all of these deviations hastened the veteran’s death.”
---------------------------------------------------------------
This can be used as a template and there are more templates here but this covers the main points:
Defining the exact legal error with proof from the past decision.
Stating the outcome was detrimental to you (because if the error had not been made, they would have owed you more cash)
Making sure they had the established medical record in their possession (regardless of where it was, as long as it was at VA.
Checking the ratings for the year you are claiming CUE was made.
Going over 38 USC 5107 and info here for the best way to word and present this type of claim.
“lack of proper rating” or of any rating they should list and rate is a CUE.
I didn’t know this was an IHD situation until the AO IHD regs came out .By then this CUE had been at my RO for 6 years, set for BVA transfer but the Nehmer RO awarded this CUE and 2 others I had pending because they all had impact on a proper IHD Award.
Link to comment
Share on other sites
Top Posters For This Question
5
4
Popular Days
Jul 12
3
Jun 25
2
Jul 11
2
Jun 21
1
Top Posters For This Question
Cannabis 5 posts
Berta 4 posts
Popular Days
Jul 12 2018
3 posts
Jun 25 2018
2 posts
Jul 11 2018
2 posts
Jun 21 2018
1 post
8 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now