Successful CUE Claim!

[awgv001]

Way to go @Vync!!!

[Buck52]

what to go Vync  Congratulations Buddy

[Vync]

Thanks @broncovet

Thanks @Buck52

 

[FormerMember]

Congrats on the CUE win. This one's interesting. They (CUEs) are few and far between. If you "misargue" or "under-argue" them as described in Fugo v. Brown, you have to start all over. The VA may be "Veteran friendly" but a CUE is a collateral attack on a prior decision. Them's fighting words.

I have one very similar to this. My boy  boogered up his index finger when he was 6. When he enlisted at 18, they noted the finger didn't bend all the way back and touch his palm but accepted him anyway. No deduction noted. He qualified with his rt finger (dominant) as M 16 Expert. Army tries to "fix" finger and screws it up four times between 81-84. They give up and finally give him the boot after 12 yrs. w/ $30 K for LOU disability. He gets rated 70% for LOU of Rt. hand (and has to pay back the $30K) but... VA deducts 10% from it for pre-existing and arrives at 60%. This was done in 1992. I see it in the c-file in 2017 and file the CUE. 70%-10%= 67%. 60%+10%= 64%. It's impossible using §3.322(a)'s stricture on following  Part IV VASRD ratings table employing §4.25 to deduct 10% from 70% and come up with 60% unless, of course, you don't use VA math. The 1/2019 denial said his dominant hand NOW is his left hand. Try that out in front of a mirror with §4.69. You only get one dominant hand. It  can't migrate back. VA says it can and 70-10=60% where they come from. We appealed with a 958 NOD on 4/26/2019 and opted to keep it in Legacy. This way I get a live Travel Board  hearing in Portland, OR. They also took away a 26-year protected 20% rating on his leg in 1/2019. That's CUE #2. 

It'll get a SOC sometime this fall or early winter and then we get to go to the BVA and argue it in front of a real judge with a real Juris Doctorate. It's sad I have to fight this for four or more years but the Vet will benefit financially. And boy howdy does he need the $. 

 

Edited January 31, 2020 by asknod

[Holllie Greene]

Vync,

Such great news!!!  It is always great to hear wonderful news in the Hadit family! 

[blahsaysme2u]

SO SORRY I MISSED THIS TUESDAY!!! CONGRATS MY MAN!!! SUPER WIN