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Finding your CUE


asknod
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Here's a different view of CUE. To me, finding a CUE is easy. Proving it was such is the challenge. The higher the financial remuneration due, the harder the VA will fight it. This one is going to be a big one. It's like fishing with hand grenades. With access to the VBMS, your job of sorting out the claims file chronologically is done for you. 

https://asknod.org/2019/12/13/friday-the-13th-what-else-could-possibly-happen/

 

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I enjoyed reading the link. It shows that you should never give up. Thanks for sharing, I will save the info in case I should need part of it in the future.

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Agree 100%. I just won a CUE at the Regional Office level. If one is familiar with applicable laws, regulations and court precedents, then CUE's are easy to spot!

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GOOD or You!!!!!!!

"If one is familiar with applicable laws, regulations and court precedents, then CUE's are easy to spot!"

I agree. And it is far better to win a CUE at the RO level ,where

the CUE was committed, than having it go to the BVA.

I like CUEs that occur in recent decisions, during the appeal period.I won 3 that way- awards took mere weeks.

I mean 4- my initial AO HD death claim was denied because the rater said my husband did not have IHD in service.

I whipped out a CUE the next day , as a violation of 38 CFR 4.6 and reminded the rater that most of these Marines were Kids in Vietnam and would have never been accepted into service with IHD, and that the entire Nehmer 2010 Court Order was also completely violated.  I  sent them https://www.law.cornell.edu/cfr/text/38/3.816  (Nehmer regulations)They reversed and made the award.I have 2 CUEs filed however on the award letter, and an audit request that could satisfy the CUEs. I wonder how many other AO IHD widows got an idiotic decision like that. In the decision they granted a SMC CUE I had pending but never mentioned a 1151 CUE I had also had pending for IHD.

 

 

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  • Content Curator/HadIt.com Elder

That's excellent!

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  • HadIt.com Elder

The older the CUE and the more money involved the harder the VA fights.  The laws change as well over time.  What would be a CUE today was not in 1968.  The whole burden of proof has evolved since then.  In the old days VA did not even have to justify their decisions in writing.  The assumption was  that the VA did a "careful and complete" review of all the evidence.  What a lie!  I won a CUE regarding SMC "S" because it was as obvious as the moon and stars.  Still, the VA made me file for my "S" money.  That is a violation but you get no money for punitive damages.  If you were cheated for 50 years you get not interest on the money.

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Merry Christmas, Berta. If you have a moment, please tell your attorney I still have not heard from him about our (Geeky Squid/you/me) "disagreement" over CUE versus reconsideration of error jurisprudence. I was expecting some sort of cease and desist order from you but have not seen or heard anything. 

All the best,

Alex sends

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