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.

 

 

[silverdollar22]

ASKNOD, first and foremost i never even considered you or anyone other than my personal attorney. The only dealings I’ve had with ANY help on my claims was back in 95 when I was foolish enough to seek the help from the DAV. Needless to say that was the first and last time that I ever dealt with them. This is my first experience with an Attorney and maybe I just got the wrong vibe from him! I hope that he can win the claim for us! I know it’s not a lot of money for some people but I still stop traffic in a parking lot to pick up a penny!! I’m not cheep but I consider myself thrifty. I’m so glad that there are people like you and others who will take there precious time and energy to help other veterans! We are all grateful to you guys for passing this valuable knowledge and information on to help others who either can’t or are not as astute as some on this forum. Again, I never intended to bash anyone!! Like I said, I’m eternally grateful for everyone that has taken the time to help me continue this important endeavor. And it’s not just for me but for my family!!!!

[vetquest]

On ‎9‎/‎12‎/‎2018 at 3:22 PM, Berta said:

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.

I had to get two IMO's to win my BVA case.  I would be curious if there could be a class action against the VA for their ridiculous decisions that are made at the RO level.  I have twice won a case at the BVA level and the most recent had some strong words for the RO office about not considering all evidence.

[Berta]

Vetquest-Jerrol Cook ( Radio show producer)called me  a little while ago as he contacted the Yale Law Clinic but they are unwilling to do any radio shows on this- in the past they did some shows but apparently they are overwhelmed.

I dont think the news has reached all the vet lawyers yet on Monk V Wilkie-except for 

Chisholm Chisholm & Kilpatrick LTD - maybe they would do a radio show on this-

I will mention that to Jerrol.

Monk started out with a Writ of Mandamus , and then added other veterans as petitioners.

He did not have the legal expertise to really shape his Class Action claim but anyone, if they read the Monk decision carefully, could see what the pitfalls were-

As I understood the court's decision any vet can file a Class Action, even Pro se -if they also can fulfill the certificate criteria and the points that were lacking in Monk's case. 

 

 

 

 

[Buck52]

I bet this is going to help a lot of veterans.

Link copied from Ms berta post

Posted August 26

https://law.yale.edu/yls-today/news/historic-decision-veterans-court-will-allow-class-actions

Edited September 13, 2018 by Buck52

[Berta]

BUMP