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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Am I actually service-connected for this or is this a CUE?


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I've got a question concerning my ratings code sheet. The info enclosed below is depicted on all three of my Ratings Code Sheet (Original - 2013; IU - 2019 & PTSD RFE 2020). Does this mean that I'm service-connected for Sinusitis at 0% or is this just a VARO mistake (maybe a CUE)? Is there any additional action that I should or could take? Thanks in advance.

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Sinusitis with Asthma as the Secondary.JPG

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Sinusitis with Asthma as the Secondary.JPG

 

It simply means that at one time in the past that you filed a claim for SINUSITIS, and it was denied.  "NOT SERVICE CONNECTED, NOT INCURRED/CAUSED BY SERVICE STATIC DISABILITY".  If you want to have this condition/disability be service connected, you are going to have to file a new claim or re-open a claim for SINUSITIS.  

In order to have a CUE claim you will have to have proof by medical evidence that you were treated for sinusitis and that it became chronic and treatment records to support your claim.

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1 hour ago, pacmanx1 said:

Sinusitis with Asthma as the Secondary.JPG

 

It simply means that at one time in the past that you filed a claim for SINUSITIS, and it was denied.  "NOT SERVICE CONNECTED, NOT INCURRED/CAUSED BY SERVICE STATIC DISABILITY".  If you want to have this condition/disability be service connected, you are going to have to file a new claim or re-open a claim for SINUSITIS.  

In order to have a CUE claim you will have to have proof by medical evidence that you were treated for sinusitis and that it became chronic and treatment records to support your claim.

Thanks @pacmanx1

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Hey everyone. Good to see you all here again! With that said I have been back two days and seen several comments about CUE's. So let me please state this. A CUE claim requires a VERY high level of proof. A CUE or CLEAR and UNMISTAKABLE ERROR, is an error such that the common person could recognize an error had been made. That is essentially the wording of CFR 38. That is a huge... and I don't use that word lightly... huge burden of proof upon the veteran/claimant.

In 18 years doing this stuff I have filed (or assisted) in exactly 2 (two) CUE claims and both were substantiated. In both cases the RO was very supportive in immediatly fixing the issue. (Still made the errors though... sigh). I am not saying they cannot be won but they do have a very high burden of proof. It has to be a really really clear error. Like super clear. Pacman is very much correct in his answer, but this is for anyone reading this in the future. A CUE claim is not a light matter.  I often see veterans mistaking a CUE claim for what should be simply an appeal. When a veteran files a CUE instead of an appeal it can cause more work, take longer and not even address the issue that the veteran is actually claiming. A difference in opinion on a judgement the rater made is not an error... A rater forgetting to rate something completely, or failing to add on SMC to someone who had lost a limb, etc. These are CUE claims. Far more common is the normal appeal process (and far more likely to win). Again this is really based upon my experience. If others have different please chime in.

Bob/Sixth

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