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Got a ? On my Barkley vs peake cases

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Mr cue

Question

Ok I just got a statement of case about smc s an attendance got 60 day to va form 9

I have a Barkley vs peake cases that try to claim that my tdiu is based of more than one disability.

2001 dro decision granted tdiu 60% neck nothing else. 

? Why should I send to board an wait 3 or 2 year I can withdraw an claim on Berkley vs pesky an just make them look at decision with a cue. 

I just apply for smc an a&a not bases on Barkley case  

Its not a effective date thing it's when I became eligible right? Which would be 2001. 

Copy of the bogus soc decision stating my tdiu is based on my neck an elbow which got granted 10 yrs later after tdiu 60% neck

Copy of 2001 decision showing tdiu one condition. Also show my elbow wasn't even service connected.

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I have been a member for a long time Yulooking was the name than.

With the  help of everyone here I was able to win a tdiu cue back 1993 from 2001. The same decision this dude try to say my tdiu was base on more than one condition. This was won at the court. An bva that why I dnt feel like fighting again lol

I will wait for the hearing an decision an ssoc I am happy with that I will win. 

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Yes- I remember you as Yulooking----

We had many discussions here , this is one of them, to try to find out if Bradley ( decided in Nov 2008) would be applied retroactively:

I dont know if it can be- will try to find out.

"? Why should I send to board an wait 3 or 2 year I can withdraw an claim on Berkley vs pesky an just make them look at decision with a cue. "

I would do both- because they might make another lousy decision due to this:

"She said I will put your. form 9 an request the hearing your case cant go anywhere in till hearing. Which mean ssoc. I tho she was b's ing."     

If they do prepare a SSOC, it might have CUEs in it.

"I have in home care pay by hospital because they keep playing."

Do you mean VA pays for it? This definitely sounds like good evidence for SMC S Housebound award.

Yulooking- I hope you will read over some of my posts here on 38 CFR 4.6:

Some info might be found under a hadit search for " Go CUE yourself VA".

I have been successful in filing CUE as soon as I got some bogus decision.And got   a fast award.

And no need for a NOD , etc etc etc.

Wehave a link here to my article The Power of 38 CFR 4.6...I will try to find it--- 

The Buffalo VARO broke this regulations countless times over the past 25 years regarding my claims, but filing CUE got them to do it right.

I have 4 issues now all CUE and sent them not only the sole piece of Evidence I need ( OGC 08-97 ) but sent them a  21- 4138 with contact info for the General COunsel VA, if they cannot understand the Precedent Opinion.

The article is here:

https://www.hadit.com/power-38-cfr-4-6/

The VCAA info is dated but is now called the 5103 waiver.

One of my CUEs is based on the fact that a VSO for the Director called me to verify they had sent me a 5103 and had the evidence I had sent to them.

The 5103 was for two claims. The denied one and under CUE they reversed right away.

The other claim had significant evidence with it- and I wrote down on the 5103 , a description of the evidence for  both claims ( One was the one I cued right away.)

I asked him to read back to me a brief decription of what he had- ( this way he could not agree with me if I said what I sent- I know the tricks they play) and he read back a brief heading of each piece of evidence I had sent for that claim-

then they decided the claim without even using the evidence at all! 

That is one of my current issues.

My long point here is the 38 CFR 4.6 is a GREAT regulation to whip put on them under CUE if the VA fails to consider any probative evidence they have in their possession.

Buffalo has done this to me so many times, that I expect another ludicrous decision.And will file CUE on it the very next day.And will file the CUE with IRIS as well as a complaint.

even though they reversed the 1151 HBP claim( the first claim listed on the 5103)and awarded, within a few days I might have a signed copy the C & P exam that prompted the denial.

I do not believe it was prepared by anyone with any medical background at all.It was ridiculous and the evidence list contained the sole piece of evidence I needed and sent to them- it was a VA Central Medical report.The cardio doctor who did it long ago -for my FTCA case- is still A top cardio with VA, and specializes in HBP, the claim was for HBP.

So they did list the evidence I had, but still this bogus psuedo medical person tried to downplay an  opinion that held far more weight than his did.

I think the Guy who called me from my RO (and who said we have already 'picked' someone  who will do the posthumous HBP C & P exam) is the person who wrote the exam. He had no medical background at all.

If the exam was done by a real VA or contracted doctor , then I will raise Holy Hell! Because this is how malpractice starts in the first place.

If a VA doctor or contracted doctor cannot prepare a valid C & P exam, based on the medical evidence in their possession, and in my case this was a simple 2 page exam ordered by General Counsel ,how in the heck can they diagnose and treat veterans, with any proper medical care.?

38 CFR 4.6 is my favorite regulation to use for CUE.However there are many other legal errors they make that would render the basis for a valid CUE. 

 

 

 

 

 

 

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Also the recent decision you got might have CUEs in it.

Every vet should carefully read over the VA's evidence list.

If something probative is missing they might definitely have basis for 38 CFR 4.6 CUE.They should file it right sway and use the alpha nurmeric on the decision  and put the CUE Attentton to: the alpha part-because they are the initials of the last person who worked on your claim.

If something probative is listed but they did not consider it, in the decision,  that too i a CUE under 38 CFR 4.6

 

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