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Read first if you think you have a CUE potential

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Berta

Question

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.

 

 

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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 by Berta
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  • HadIt.com Elder

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.

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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. 

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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.

 

 

 

 

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  • HadIt.com Elder

I Totally agree with you  Ms berta!

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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". 

 

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