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What do you do when they get a CUE Wrong!
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ROMAD
Ok here is the issue. I filed a CUE on my Decision from 1993 because I was rated improperly based on the laws at the time. I submitted the letter explaining the error and noted in my records what the error was. So my CVSO looked at the Decision today and it was denied and they show in the Evidence section The MEB decision from the USAF as well as the Rating decision from 1993 and The General Medical Exam (C&P Exam). So they say the considered the evidence but it is in black and white in all those documents that I meet the requirements for the higher level. Additionally one other bar is being employed at the time of the exam, and the higher level of disability requires productive of severe economic inadaptability. The Court has stated on numerous occasions that severe economic inadaptability does not mean unemployed or unemployable as that is what IU ratings are for. How can I spell it out any clearer that stating exactly where in my documents it states I meet the requirements for 50% versus 30%? I was later rated at 50% but from 1993 to 2006 it should have been the higher level. Can you CUE a CUE? Do you request a Higher Level Review? What is the next step.
And here is the 1993 Decision Letter
and The C&P Exam
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Berta 1 post
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Berta
Yes, there is no reason you cannot CUE a CUE denial but I don't advise doing that- I feel you should request an HLR. Can you scan and attach the Horners criteria from the VA rating schedule
Vync
Were the court rulings from before or after your rating decision was made? If they were from before, by all means use them. If after, you can't use them because they were not in effect at the time (un
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