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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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bigbetty3id

CUE Understanding

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BTY- the Diabetes Training letter available here under a search is dated 2000.

For my BVA case I had used the 1997 Diabetes Training letter-different in many respects from the 2000 one

because it was consistent with my DMII death claim and the fact the the World Health Org had changed the definition of diabetes- during the time my husband had been undiagnosed and untreated for it.

I mention this because I said I had a lot of evidence for my BVA award in addition to the IMOs- such as my husband's drivers licence, his optometry exams at VA, and even his VA dental records, and also his pre employment physical for VA, and his Performance appraisals from the VA, ....as well as the autopsy.

This was all included in the packet I sent to Dr. Bash.

My point is that before paying lots of money for an IMO or IME-it sure pays to lay out all of your evidence, and attach copies of it to any request from the IMO/IME doctor for everything you have got.

Evidence can come from many sources in addition to VA medical records.

And a  38 CFR 4.6 CUE can rest on evidence from many sources other than the VA, as long as VA had that evidence in their possession, when they commited a 38 CFR 4.6 CUE.

 

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Unfortunately, if you file a CUE on the decision in 2004, if the DM II evidence was not of record at the time, you will lose. It would probably be to your advantage to post this in the CUE area to get more exposure. Also read up on CUE to help you better understand it. https://asknod.org/?s=+quintessential+elements

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Who is filing CUE here on DMII???

The DMII stuff is from my BVA award-

The VA never disagnosed or treated my husband for DMII.

It was an additional malpractice issue that my daughter, a veteran, urged me to consider.

I re- opened the DIC claim and my RO refused to re-open, at first but then  ignored my evidence so I did not mind waiting for a BVA decision. I was at American Military University  much of that time anyhow, getting my degree.

The BVA awarded.

1151 DIC from 1994 to 2009, then Direct SC DIC due to DMII,contributing substantially to death-2009.FTCA settlement Offset refund.

 

 

The DMII stuffwas how I was trying to explain  some other points here.

Maybe I missed something in this thread-

----------------------------------------------

Big Betty 3ID - you are Very welcome!

 

 

 

 

 

Edited by Berta

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Scratch the DM II and substitute CUE in the 2004 claim based on evidence introduced now (currently). Sorry Berta but I was trying to refer back to what Doc 25 and Hamslice were alluding to in the first page. Old timer's disease is my excuse. Anything that occurred in 2004 must be a stand alone CUE claim. It can't be appended to a current appeal of a decision or use a more recent decision to show error in 2004. 

When you have error in a pending claim or appeal,  a CUE motion is not for application. A NOD or VA 9 is. CUE can only be a motion to revise an earlier decision that is final. I make a habit out of calling up the rater and asking him what was going through his feeble mind when s/he screwed up. Sometimes they issue a ratings correction. Sometimes they don't. If you really want to screw up a pending appeal, tell them you're CUEing it. I guarantee it'll take a year to straighten out. VA loves to play Semantic Rope-a-dope with you. 

CUE is almost as incomprehensible as SMC but then, I reckon VA made it that way on purpose. I'm hoping the SCOTUS tosses Chevron/Auer Deference in Kisor v Wilkie and reads a regulation as it is written. If the Secretary continues to write ambiguous regulations, we're doomed to an eternity of Auer.

It's ever so difficult to determine CUE given one decision to look at. Bronco is spot on that you need the entire file to sort it out. Fly out here and visit me, Berta. I'll let you look at VBMS and really get a feel for VA shenanigans-in real time. We have plenty of room. Ask Loyal. For some silly reason, Cupcake insisted we build something that looks like a Best Western that you can see from outer space.

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