Berta Posted July 11, 2018 Share Posted July 11, 2018 Please scan and attach the decision you think holds a valid CUE-cover your C file #, name, address prior to scanning it. And add that to your CUE question post. It is easy to attach or paste from a scan here. We really cannot opine on a possible CUE if we cant see the decision. GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
0 Berta Posted September 12, 2018 Author Share Posted September 12, 2018 (edited) I think you are misinterpreting Alex's post- Alex and I think way out of the box and we use their regulations against them when we can. As a matter of fact I found so many errors in my last 2-3 decisions that I have been filing many CUE claims... my legal evidence is both the Nehmer Court Order and OGC Pres op# 08-97. VA will need a very large wheelbarrow when I get through with all this... "Well the decision on the cue was denied because they said that I had an X-ray of my hand after the 98 decision and there was no arthritis in my hand. I haven’t really had time to check my SMR’s." If I were you or your lawyer I sure would ask to see that X ray.... and the date of it- 2 years ago I won a CUE very fast beause I filed it the day after I got a denial. I was so ticked I did not really read the so called " medical review" that denied the claim because my evidence (which they ignored in the denial) was from a top cardio doctor at VA Central. They then had to reverse the decision right away . a 38 CFR 4.6 beauty. But I have asked to be sent a signed copy of th socalled VA "medical review." It was absolutely ridiculous...like many I have received in the past...not based on a single medical fact in the record. My point is we have to hold them to what they say in decisions. And make them cough up the 'evidence' they use. My SMC CUE was denied at one point saying that the veteran had never requested SMC,but when I asked for the regulation on that,of course no regulation came. The Nehmer RO awarded that CUE Edited September 12, 2018 by Berta GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
0 HadIt.com Elder Buck52 Posted September 12, 2018 HadIt.com Elder Share Posted September 12, 2018 Great post Ms berta! ''But I have asked to be sent a signed copy of th socalled VA "medical review." ''It was absolutely ridiculous...like many I have received in the past...not based on a single medical fact in the record.'' ''My point is we have to hold them to what they say in decisions. And make them cough up the 'evidence' they use.'' Beautifully said. I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!! Link to comment Share on other sites More sharing options...
0 silverdollar22 Posted September 12, 2018 Share Posted September 12, 2018 I agree with Buck and I apologize for the misunderstanding! Right now I’m still in shock that it’s over!!! I’m still trying to wrap my head around the finality of the war! I’ll have to wait for the paperwork to come and then see what was evidence they found to deny me. I’m just happy that everyone of my claims were approved except the hand. Like I mentioned in my (success story) post, the IME’s and the IMO’s won it for me. Worth everything spent. Link to comment Share on other sites More sharing options...
0 Berta Posted September 12, 2018 Author Share Posted September 12, 2018 Buck, I fully believe that vets might have a Class Action basis, if they had ample probative medical evidence but were forced into obtaining a costly IMO/IME to overcome some idiotic C & P exam. The C & P exam is what controls the denial or the award, and these are supposed to be medical professionals- but what I mean is this: Jerrel Cook is trying to get someone from the Yale Law Clinic to explain the new potential of veterans to file Class Action lawsuits against the VA, on a future radio show. This regards the recent MonkV. Wilkie case https://community.hadit.com/topic/72610-stunning-class-action-news-for-veterans/#comment-450891 Monk lost his case, but I think he might be able to refile- the court said his Commonality factor was lacking-and I agree BUT I bet there are Plenty of vets who could fulfill the commonality factor , with proof of their lousy C & P exam and then proof that a real doctor, in an IMO/IME, gave an accurate and full medical rationale that awarded their claim. If they, as a class, succeed on that basis maybe the results could be a full refund of their IMO/IME fees. Some C & Ps do not reveal anyone with any type of medical knowledge at all.Maybe they are the VA doctors who were moved from caring for patients due to too many 1151 cases against them.Or maybe they are not even doctors at all. GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
0 HadIt.com Elder Buck52 Posted September 13, 2018 HadIt.com Elder Share Posted September 13, 2018 I Totally agree with you Ms berta! I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!! Link to comment Share on other sites More sharing options...
0 FormerMember Posted September 13, 2018 Share Posted September 13, 2018 On 9/11/2018 at 4:43 PM, silverdollar22 said: I don’t get what you’re implying ASKNOD! I'm sorry for not being clearer, Mr. Silver Dollar 22. What I was trying to impart to you, and by extension Berta, is that VA attorneys/agents do not, to my knowledge, try to take forever to help you win or try to drag out the appeal to get more "money, money, money" as you suggest. I even captured your plaint as a quote so you (and Berta) would recognize the thrust of my response. When I agree to represent a Vet, it hinges on several things. Has the Vet met with little or no success in seeking representation? Has the Vet, or, more often in my case, the spouse, lost due to poor representation at the AOJ or BVA level? And mostly is, or was, the Veteran, like me, a combat Veteran of the Vietnam War? Other representatives have different criteria. Money is certainly not my prime objective. Paying it forward is. It offends my sensibilities to have anyone impugn the motives of why a VA representative would choose to practice. Were I a run of the mill attorney driven by money rather than a lowly VA nonattorney practitioner, I would set my sights on ambulance chasing for 40% of the haul. One doesn't get rich charging 20%. Likewise, I would not spend my time here teaching my fellow Veterans (with a capital V) the ins and outs of successful claims presentation if I were avaricious. I would advertise heavily and hire a bevy of attorneys to generate a tsunami of money money money. VA screws up everything they touch, as if any of you folks haven't noticed. It's almost a conspiracy to remain stupid or misunderstand everything we claim. In Vietnam (and certainly where I was in Laos during "my" war), we referred to this situation as a target-rich environment. Every VA claim or appeal attorneys/agents take is usually a disaster area of stupidity by VA. Do they generate a large amount of money? I guess it depends on what you call large. When I finally prevailed in 2014, I won about $338 K. When I won my CUE in 2015, I garnered another $70 K. Were they large? Maybe. I'd personally rather have my health back, thank you. I sure don't have to search for mistakes-or clients to gouge. That is what I implied to you-nothing more. VA attorneys and agents are not greedy, sir. I sincerely apologize if you didn't "get it". Link to comment Share on other sites More sharing options...
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Berta
Please scan and attach the decision you think holds a valid CUE-cover your C file #, name, address prior to scanning it.
And add that to your CUE question post. It is easy to attach or paste from a scan here.
We really cannot opine on a possible CUE if we cant see the decision.
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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Berta
I felt that one of the docs was a SMR that stated arthritis in hand-( the 4th page you scanned with yellow highlighter on that statement) but if that was an SMR page, ( I think it is ) I am sure
silverdollar22
Yes it was my SMR and the third and fourth page is the decision letter. Yes they stated that they reviewed my records numerous times and missed the arthritis in hand part. If I remember right there’s
Berta
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