Restless Leg Syndrome CUE - Revised

[Justaskpat]

If anyone has time to take a look, I'd appreciate all comments, suggestions, etc. Thank you.

Also wondering if using 38 CFR 4.3 is a good idea or bad idea.

9/30/2019 deleted working draft. will start new threat when new CUE draft is complete. Need to take a step back and rethink this. 

 

 

Edited October 1, 2019 by Justaskpat
deleted working draft.

[Justaskpat]

12 hours ago, broncovet said:

demonstrate you meet all the cue criteria

thanks for the compliment and the good advice. working on making statements re CUE criteria more prominent.

this statement is in the CUE: " Had the laws and regulations been properly applied, and the preponderance of supporting evidence considered, it would have manifestly changed the outcome of the decision resulting in receiving more years’ worth of a higher level of disability."

and I'm shooting for 10% for each leg, but unsure of DC they used in the denial, so unsure of requirements to spell out that I met the % requirements. 

Then this: This CUE review request is based on the records and law that existed at the time of the adjudication on March 23, 2011.

and this one regarding undisputable error:

Exhibits 3 — 10, These service treatment records, contained the correct information to support complaints regarding, identification of and treatment for restless leg syndrome from 2006 — 2010 and were available and named as evidence in Exhibit — 1, VA rating decision dated March 23, 2011.

Which proves the error was undebatable. Should I actually use the phrase? 

The CUE is in "edit mode".  I'll let you know when I upload the revision. I appreciate your input. Thanks!

[GeekySquid]

3 hours ago, Justaskpat said:

thought I did a pretty good job there

you did a pretty good job...but is good good enough to get you your ducats?

always remember this is YOUR money.

We don't get paid. We don't take money.

We are giving aid to you so you get YOUR money.

When we are done with you, you will be able to do the same for others.

You get yours, and then you pay it forward by helping other vets get theirs.

Each of us has our own areas of strength and experience. Among mine are being the nit picky editor trying to convince you to use your best words, strongest words, most powerful words, to get you a standing ovation and a big fat check.

Yours will be how to research and understand all your own conditions and be able to beat the crud out of the VA with a proper CUE instead of trying to use a noodle-bat.

you were a WO, you remember OJT... same shit different day.... it's OJT time again WO, get to scraping...

[Justaskpat]

16 hours ago, GeekySquid said:

it's OJT time again WO, get to scraping...

started out as a bilge bunny, never forgot where I came from. everyone starts at the bottom. Turning  2, Senior. Thanks

[Justaskpat]

On 9/26/2019 at 7:02 AM, Berta said:

Did you ever, prior to the denial have a "buddy statement" from any significant other

no buddy statement. only one mention in my STRs of me telling Medical my wife was complaining about it

[GeekySquid]

18 hours ago, Justaskpat said:

started out as a bilge bunny, never forgot where I came from. everyone starts at the bottom. Turning  2, Senior. Thanks

Aye Aye WO.