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CUE info that is incorrect here


Berta
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Question

I again am being drawn into an argument over when a CUE can be filed.

This member keeps giving the wrong info, in spite of the fact that some  members here as well as I, have been very Successful in filing CUE as soon as a decision has arrived....well within the appeal period with no need for further need to appeal.

There is NO REGULATION that states we cannot file CUE ASAP.

I refuse to comment on anything after this member replies to some CUE questions, or to any question at all. They never won a CUE so they do not have the expertise to file a valid one, and since their mantra ( not based on any legal fact or VA regulation) keeps popping up,from time to time , and  I suggest strongly that anyone who finds a CUE in a recent decision -they need to act on it fast, and if they are correct, the VA will reverse the decision fast.

As I stated before the HLR is supposed to seek CUE in any decision before the vet gets it. HRLs have done that for some member here.They found legal error in the decision before it was mailed to the veteran.

This HLR m21-1MR change grew out of a letter I wrote to former Secretary Shulkin,he used 2 of my suggestions- one of them being my own personal experience with CUE filed in the appellate period- usually filed within a day or two of the decision, and the fact that at least two or more vets here have also been successful with this tactic- and didn't even need to file a NOD. His comments demean the work they did to win a CUE right away.

I refuse to reply to this member  and most of the time I never read his  posts anyhow, so I advise anyone who feels VA made a legal error to their detriment, 

in a recent decision, to access the info in our CUE forum, some of it is under GCY CUE ( Go Cue Yourself- VA) and decide whose advice is correct.

This member should get a life and stop his odd  need to try to draw me into an argument over CUE, because he lost a CUE and still doesn't understand how to properly file them.  He should read the CUE forum info himself. I have never lost a personal CUE claim.

If you want to believe what he posted so be it- and He can handle the CUE questions here from now on and I will withdraw from doing that. If his advice on them is wrong- just remember I told you so.....

I refuse to again be drawn into an argument over established VA case law.

Besides I have 3 personal issues pending with VA -2 CUEs ( that my audit request might correct) and my accrued HBP AO claim, all of which I intend to succeed in. I have more legal evidence for the audit and CUEs .. which they probably don't need.The AO HBP accrued claim is perfect.

I wasted too much time here today already-writing this post, that I should not even have to write.

Alex will be delighted, I am sure, to be the CUE expert at hadit from now on. 

 

 

 

 

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Ms Berta  your the CUE Expert here on hadit  and all of us Veterans need your information & advice about CUE and how and what to do as for as filing a CUE. from time to time.

I think I know the member you are referring to  and about all I can say  is please don't let them discourage you here on hadit

Most of us hadit members rely on all your post  especially post  about CUE Claims...without your expertise ms Berta most all hadit members would be completely lost as well as all the new members.

please know that your definitely needed here on hadit.

Use the Ignore future  here on hadit if you need it.

Thank you Ms Berta for ALL YOU DO here on hadit.

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If you do a search for "M21-1 cue" you will get M21-1, Part III, Subpart iv, Chapter 2, Section B - Revision of Decisions. You can read for yourself.

I will just ignore anyone that is getting on my nerves. I can be easily aggravated, depending on how my day is going, so I try not to let anyone get on may last nerve.

I will second Buck52's words. It takes some time to understand this stuff and you already do. If said individual gets in the conversation just take a deep breath and drop out. 

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Berta, you have been a huge help for many years to veterans, their survivors, and dependents.  Please do not throw in the towel.

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Berta,

You looked at my claim and saw no CUE in it, That is the problem I have is that everyone looks at what is of Record. But the record is not correct. I have at least 3 issues I like to focus on. The AOJ amended the Facts and circumstances by adding two serious acts of misconduct 1. on Article 15 of July 1961 and a rehabilitative transfer., There is no mention of either in the documents received from the record center. In the Psychiatric evaluation  there is a 10 word statement "In July 1961 he received an Article 15 for misconduct, " from a question the Psychiatrist asked me. from that Ten word statement the AOJ found a finding of fact and was the determinative factor in the finding of Willful and persistent misconduct. Those documents do not exist any where in the record. 2.THE COURT REMANDED THE CLAIM IN 2006, I submitted my response to the Board in June 2007, claim was remanded to AOJ, on 1-8-2008,  '3. Readjudicate the claims on appeal based on all of the evidence of record. If any benefit sought on appeal is not granted, provide the appellant a supplemental statement of the case, which cites the regulations pertinent to Board hearings, including 38 C.F.R. §§ 20.700-20.704, and an opportunity to respond thereto”. (RBA 2871) . the claim was returned to the AOJ ln 2010 (without complying with remand order) a major procedural error. The record dose not document this was ever done. 3. I was discharged under AR 635-208 for the diagnosis of antisocial personality disorder in 3-23-1962 with an Undesirable discharge. I never had a ASPD in 1961 or today, I had an (8) day closed ward psychiatric exam at Tripler Army hospital Psychiatric ward from August 1 to August 8, 1958. Diagnosed with passive/aggressive reaction and secondary diagnosis for Stress (mild). DSM IV  4th Edition requires a Conduct disorder before the age of 15. and ASPD should not be diagnosed if the behavior happened during a manic episode. Found out I was discharged for ASPD (33) years after discharge, I had 3 private psychiatric evaluations already of record and was under treatment from the local VA hospital mental health unit. no other mental health professional has diagnosed or treated ASPD in the 56 years since I was discharged. The 9 years mental health records are not in the record available to me. The 1961 evaluation document the VA definition for insanity? Also I have tried to SC a life long depression since I left the service and scars and numbness of two finger in my left hand. Do you have my claim with RBA page notations?

Any comments would be helpful Thank you Berta for your consideration!

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Berta forgot to add My AWOLs in the Army two in 18 days One for (3 days) and another for (4 days) no other acts of misconduct in the record for the first 242 days of service  vs. (7 days) AWOL. The record does not document the AOJ ever consider the evidence I submitted favorable to my claim. The AOJ never responded to NOD's or any other issues I had raised! I did have an Article 15 which was not enter into my personal file, 

 

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On April 4, 5th the moderator did all he could to find your past thread-

it contained advice from me that could have helped you or others here-

However it disappeared ( to include my comments) right after I posted the BVA link to your decisision, and all I can do is ask you again to verify if this is your BVA case:

https://www.va.gov/vetapp14/files4/1428629.txt

You did verify it was , on April 4th-

Then I will post the entire case here and it reveals exactly why I found no CUE in the BVA decision.

Others will chime in as well.

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Thank you all for your comments on my post here re: Asknod.

I do not believe we should ever let bad advice stand as gospel.Even when the member holds the POA of Tbird, as Alex told me months ago in a ridiculous email I showed my lawyer-due to something else in it-I dont care if he holds the POA of Pope Francis and I was not intimidated by his ridiculous statements.

The lawyer told me his disclaimer meant nothing. It was BS.

If he continues to post inaccurate advice , that demeans and totally disregards the facts of  CUE in the appellate period, and suggests that those of you who HAVE won a CUE in the appeal period, as I have done many times, I guess he thinks we are lying, and I have the email of his boss:

  the General Counsel -VA.

Due to COVID, they OGC is not accepting mail , except at their email addy:

ogcaccreditationmailbox@va.gov

They will accept attachments,since they cant accept snail mail yet.

I have my evidence ready to go on that, to include my awards for CUE filed days after I got their decision, when the VA properly reversed their clear and unmistakable errors.

I also will send them a copy of the correspondence I got from POTUS, thanking me for my 

suggestions to former Secretary Shulkin, as to the two changes I had input into into M21-1MR re: CUE and also the extension of NOD deadlines when a Reconsideration request is made.And of course I will send them his ridiculous email to me.

 

My daughter says she still has the CUE I filed for her in 1997, that they ( VA Educational Department,) fixed in 21 days.

She will attach it all to email to me.

She served in the Military for 7 years and the award letter said she was only eligible for 1 month of DEA.

Those VA EDUCATION  dopes could not or did not even read her DD 214.

If we put up with bad advice, without challenging it here, 

we aresure  not helping vets at all.

 

 

 

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