CUE template for Cannabis

[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.”

 

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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.

 

[Berta]

Since you have 100% and have, or can get, evidence of the agoraphobia, you should file a claim for the SMC Housebound award. If they award it, then it might be time to think about a CUE claim.

You menioned a 1151 claim here as well-

that type of claim needs doumented proof of VA medical negligence and documented proof that you have a additional disability directy due to the malpractice.

VA's malpractice on my husband's AO diabetes was so bad that ,without any diagnosis in his lifetime ( exceot the one I found that  another doctor had crossed out) and without any treatment at all, the VA did award for AO DMII, but never made a rating.( that claim took 6 years)

I still wonder about that because my 2009 BVA award showed it was one more contributing factor to his death.

But in addition to the evidence I presented to the VA I also had 3 IMOs-one from the doctor whose Diabetes diagnosis was crossed out-

"can they skip over diabetes or other indicators of blood sugar problems that directly point to diabetes?"

Yes they can. I was horrified when even my husband's Blood work and his autopsy indicated diabetes-by readig the heart slides but that was after I studied all I could on  Endocrinology- I dont advise anyone to do all that-

it will take a real doctor to support with a strong IMO most 1151 claims these days-I knew my claim was solid but I paid $4,000 for IMOs, sent out 1750 I think for another IMO frm a cardio doc- but the award  came before he could do the IMO and I got a partial refund-

VA fights 1151 claims very aggressively-but a good IMO/IME is a powerful weapon against them- and often the only way to succeed.

The 7 veterans so far who were misdiagnosed in Arkansas, will have a letter from VA to that affect ( some already have those letters)- they will not need any IMO/IME for their claims ( even if they sue) because of VA's admissions ,in this case, of negligence to them. VA said they would provide them the info they need to file 1151.

O the other had lawyers are gearing up and have filed SF 95 ( FTCA) already.

This situation is very unusual but every other vet , not harmed by Fayetteville VA, will most of the time , need a strong IMO/IME for 1151 issues.

True medical malpractice/negligence ,if it has happened, can always be found in medical records.

 

 

 

 

 

 

 

 

 

[Cannabis]

thank you berta.

the 1151 claim is unrelated to the housebound cue claim. dog bite ruined my left hand and va doc made a record that it was arthritis not related to dog bite.  i don't want to muddy my mind with it right now, trying to stay on track with this cue problem.

thank you for the info; i will save and use it.

i appreciate your help.