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CUE claims

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Eddie_H

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I had a lawyer help file a cue claim for back pay i should have recieved when i got my r1 rating in 2004. That claim got denied because because they didnt bother to read my ratings from 2000 when i was medically retired. I got the rating in 2004 because the pva had a doctor put loss of use of lower extreminites due to no balance and weakness. The thing is my 2000 rating states i failed the Romberg, heel to toe and heel to shin test that is for checking for balance. It states i have to use a cane and i fall alot. It also says i have to use my arms to get out of a chair which is almost word for word for loss of use of both buttocks. How can i appeal it again and make them look up what test i failed to prove i had  no balance back in 2000. Its frustrating that its there in black and white but they denied me benifits for those 4 years that i was entitled to because someone is to lazy to look things up.

TIA

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You can file a CUE on a faulty CUE decision.

I did that with two CUE awards I got because they were still wrong.

They fixed one but that is still wrong so I filed another CUE that is pending.

Can you scan and attach the denial here as to the Evidence list and their rationale for denial?

Cover C file #, name, etc.

How can i appeal it again and make them look up what test i failed to prove i had  no balance back in 2000. Its frustrating that its there in black and white but they denied me benifits for those 4 years that i was entitled to because someone is to lazy to look things up."

You might have basis for a re open under 38 CR 3.156. Searchable here.

Or a valid CUE on their denial. Or under both theories of entitlement. 

We have plenty of info on CUE in our CUE forum as well as on 38 CFR 3.156. 

 

"because someone is to lazy to look things up." That is why WE must be proactive and "look things up" and send them anything we have  that advances the claim.

What did your lawyer advise too do over the dennial?

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A and A and HB are different from R-1.

There is not enough info here to determine if they made a CUE in 2001. The 2001 decision is what you need to seek CUE on.

I am glad  you are willing to "do it yourself."

We have plenty of CUE info here in our CUE forum.

If  documented medical evidence ,that was in VA's possession by time of the 2001 decision, warranted R-1

(those requirements are here in the SMC forum)

you could have the basis for a valid CUE.

We have many CUE templates here as well and I even prepared one here for someone the other day. Because it was an easy prime facie short and sweet CUE and only took me mere minutes to write for them.

Yours is a different situation.

One of my CUES was for SMC accrued ( my husband is dead) but that also was as easy as pie to write because the rating sheet clearly revealed he was eligible for SMC consideration.The Nehmer VARO awarded it  after it had sat at my VARO for almost 8 years, with ridiculous rhetoric from the VA. When Nehmer 2010 happened , I contacted them right away on my AO IHD death claim, as the SMC CUE and another CUE ( still an open issue since 2012*) were contingent on a proper AO IHD award.

 

 

* Part of my pending  IG complaint and audit requestin process)

My other CUEs went faster than that.

And some here have succeeded on CUE.Even in the appeal period.

One of their most prominent legal  errors ( I used this personally many times in my own CUEs) is violation of 38 CFR 4.6 and I have an article here , "The Power of 38 CFR 4.6) that I hope you read.

 

 

 

Edited by Berta
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While I have deep respect for Berta's opinion here, I respectfully "dissent" from her opinon, above.  

I dont know your reasons for hiring a lawyer.  Im sure, however, they were valid and you carefully weighed your options.  

IF you have all the following, ONLY THEN can you work a difficult claim yourself, especially CUE:

1.  You need to have excellent research skills.  You need to know how to search and be willing to read BVA and CAVC cases.  And, be willing to understand how those apply to you. This probably means you are an excellent reader, and have at least an above average vocabulary to understand decisions.  It probably wont work to look up every word you dont know the meaning of, unless you are amazingly persistent.  

2.  You need to have resources.  For example, you need a home address, a computer, internet and the money to pay your own postage (usually best certified mail return receipt requested).  You likely will have other expenses.  You may have to pay for copies of documents such as medical records, where they sometimes charge for that.  You may need to pay up front for an IMO/IME.  This could cost 1000 or more dollars.  You may have to travel for a hearing, and pay for that.  And, buying a VBM for 200-300 dollars is a must, in my humble opinion.  Mine is old, (2014)  and I need a new one, as the new ones come out every year.  

3.  You need to have time.  If you are too busy, it wont work.  

4.  You need to have motivation, to see this to the end and not give up.  

5.  You need to be organized, at least good enough where you can file and retrieve important documents.  

6.  You need to be healthy enough to see this to the end.  

7.   You need to be persistent and determined as it will likely not go quickly.  

     Only if you meet all 7 of these, would I recommend you work it on your own and fire your lawyer.  If you are not healthy, not motivated, not persistent, not a strong researcher or reader, and dont have the resources, you probably should stay with your attorney.  I agree that its normal for VA to deny the first time.  I am suprised you took on an attorney so early, and many wont even consider CUE, as those are low percentage cases "except" with a Cue expert like BERTA.  Very few have her skills.  I certainly dont.  Berta has all these skills I listed..and more.  I understand she used to be a paralegal.  That is an excellent background.  And her persistence and motivation are legendary.  I won my case only after hiring an attorney.  VSO's couldnt do it, and I failed multiple times.  Because I hired the attorney at the right time (after a board denial), it cost me very little.  In fact, the attorneys MADE me money.  

     All this said, since Berta is helping you THIS is a huge deal.  But, there are things even she can not help you with.  She cant help your health, nor can she help with resources if you lack them.  

Edited by broncovet
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