Read first if you think you have a CUE potential

[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.

 

 

[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 your lawyer sent it to the VA to support the CUE they wrote.

Did you lawyer use 38 CFR 4.6 as the regulation they violated?

If thery said they read your SMRS they missed something probative,  that would fall under violation of 38 USC 4.6:

“Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law. “ 38 CFR 4.6

If they didnt mention your SMRs at all as evidence that would be a 38 CFR 3.156 claim-requiring a submissions of that SMR page.

https://www.law.cornell.edu/cfr/text/38/3.156

Read 3.156 (C)

[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 another page that states that I had arthritis x5 months. Yes I’m sure he sent that page in for evidence. I don’t know if he used 38 USC 4.6! I hope that they agree that it is a CUE and rate it at least 10% back to 98!! That will be a good chunk of change even after the 20% lawyer fee.

[Berta]

Why not call your lawyer to see if he did use 38 CFR 4.6?

Can you scan and attach his letter to the VA on this? ( cover your C file # and his name prior to scanning it.)

Myler V Derwinski was a beautyful CUE award ( I think for 10% but the EED was many years of retro -  (Very nice chunk of change)

[silverdollar22]

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. Talked with my lawyer about it and he said we’ll push forward with an appeal and there’s always the new ruling on pain that we can go with. But I’m with what was said on just re-open with new material evidence! I think that is the best way to proceed. You know how lawyers look at things, money, money, money!

[FormerMember]

7 hours ago, silverdollar22 said:

 You know how lawyers look at things, money, money, money!

By the same token, I guess you could say "You know how Starbucks (Amazon, Google, McDonald's) look at things, money money money!"

I prefer to be viewed as a Sherpa or a rainmaker. SD22's been listening to old wive's tales too much or he got "the VSO briefing" about us, Berta. I like the one where we enjoy milking it all the way up to 625 Indiana Ave. NW so we can double dip and get in on the high lodestar EAJA fees.  I know I don't speak for all reps. but nothing gives me greater pleasure than putting another claims file in the done pile as quickly as possible- at the lowest level possible... only to have to make room on my desk for a new one from a grieving widow. When a prospective client asks how much I charge right off the bat, I  always tell them "If you have to ask, then you're trying to make a  value-based decision rather than one based on true need of professional services. Based on that, I don't think we can do business. Thanks. " 

I don't do this for money or I wouldn't be here writing this. Why, I'd be sucking blood out of another poor Vet. Besides, who buys all that copy paper, Priority Mail filings @ $6.70 a pop and a copy machine, phones and electronic fax? Ah, and rent, too. Jez, if I had paralegals, who would pay them? I use Westlaw. It's $59 a minute (even 45 seconds) to look up cites.   Based on that, a VSO is a bargain. Well, except for the outcome.

Sounds like I'm the first one they called if they don't even know the regulations on fees. Worse, everyone knows (or should), and the rules are inviolate- it's 20% and you can lose your accreditation charging more. If you wish, hire one of the big boy brand names on a private fee agreement for up to 33%  but it better be a very difficult decision almost based on a matter of first impression. They're going to be under the OGC microscope for charging that much too. 

Talk to you later, Berta. I gotta wheelbarrow full of moneyx3 to go to the bank.

Edited September 11, 2018 by asknod

[silverdollar22]

(SD22's been listening to old wive's tales too much or he got "the VSO briefing" about us, Berta.) I don’t get what you’re implying ASKNOD! I guess you didn’t get a chance to look at my post in the (success stories) section under (Giving Up is success for me). I don’t know what tripped your trigger or why the gun was pointing at me when it got tripped. I have followed your posts with every ounce of respect and interest in learning from your talents! Maybe I’m misinterpreting what you’re post was about and missed your point. If I offended you in any way I sorry and never intended to do so!