Mituna 2483 Posted November 4, 2021 Share Posted November 4, 2021 Hi everyone, I would like to know if this paragraph means VA granted my CUE for my right knee that it was denied in 1975. Thanks for reading. Link to comment Share on other sites More sharing options...
1 Moderator broncovet Posted November 4, 2021 Moderator Share Posted November 4, 2021 We got "bits and pieces" from the decision, so we really cant tell what is going on, for sure. But, it indicates "previously rated as arthralgia of the right knee", and then it appears you got 10 percent for each of 3 conditions. Did your overall disability rate show an increase? Link to comment Share on other sites More sharing options...
1 Berta Posted November 5, 2021 Share Posted November 5, 2021 Can we see the entire letter they sent to you , regarding the below statement that held the grant of the CUE? I have filed many CUEs over the years and some took a mere 3 weeks for them to correct- but one took almost 8 years, to properly award with retro , and never went to the BVA.It was finally set for BVA transfer ( the BVA can read so I was elated) but then Nehmer AO IHD happened and I asked the Nehmer RO to address the CUE because itt had been filed years befoe my AO IHD death claim.It also impacted on my IHD claim. They did that and awarded both th SMC CUE and the AO IHD death claim. The VA pulled some ridiculous crap on me-over that CUE that it was an obvious SMC CUE- and the rhetoric they sent me revealed no knowledge of basic VA case law and held even a regulation they MADE UP! I posted that whole story here, available under a search because I had filed for "lack of proper consideration of the SMC regulations" etched in stone in basic VA case law-100% plus 60% independent or Housebound. The award granted under both scenarios which I had proven when I filed the CUE, but paid for only one SMC "S".which was proper. It was a posthumous award. I wonder all the time how many other widows have gotten the multiple ridiculous VA decisions I had received over the years, and like me before I got smart, they too might have had vet reps who didnt have a clue on DIC and accrued issues and even CUE- which can become a Very easy claim to file and succeed in..... if it gets to someone at the VA who can read. Mituna 2483 1 Link to comment Share on other sites More sharing options...
1 Berta Posted November 5, 2021 Share Posted November 5, 2021 You can file a CUE on the denial- after we see that decisions, and if they warrant a CUE filing. There are basic templates here for CUE. CUE is not a "claim", as such, but is a "frontal attack" per the BVA on a VA decision. VA changed their CUE regulations a few years ago based on a letter I wrote to former Secretary Dr. Shulkin. I had filed CUE on many decision within days of getting those erroneous decisionm ( one was for my daughter - a veteran) and all were awarded in less than one month. Do not let anyone tell you that you cannot file CUE on a recent decision. I sent Secretary Shulkin copies of my awards on recent erroneous decisions. Nothing in VA case law or regs prevented me from doing that. The regulations were put intonM21-1 and also he made CUE a part of the Higher Review process because I made the point that that veterans should have the VA call a CUE on itself before they even make a final decision, as they should have the knowldge and ability to do that, because even many vet reps do not advise filing a CUE when it would keep MANY claims out of the BVA backlog-if the RO's would check for CUE right away. I have seen my suggestions and the regs they produced in action here at hadit. Nothing is impossible but there is a lot of CUE info here already and the CUE must satisfy the the "prongs" per BVA of a valid CUE claim. Mr cue and Mituna 2483 2 Link to comment Share on other sites More sharing options...
1 Mr cue Posted November 6, 2021 Share Posted November 6, 2021 (edited) I could be wrong but I believe you wouldn't have to do a cue yet. This is a new decision you can appeal it. I would save the cue as a last resort. my opinion. I would not play with the local ro on it anymore They just hope you go away if you appeal it the bva judge should address it or remand to be addressed. If not the court sure will address it You can even hire a lawyer to do the appeal to bva if you are not up to doing it Just make sure you don't miss the deadline to appeal it. I believe its a win Edited November 6, 2021 by Mr cue Link to comment Share on other sites More sharing options...
0 Mituna 2483 Posted November 4, 2021 Author Share Posted November 4, 2021 Yes, I understand the same way as you guys. VA granted my CUE for my right knee, but it indicates denial! This paragraph is from the rating code sheet not the decision letter. The decision letter indicates a denial. I post this paragraph to ask because it's a contradiction. VA thinks I won't see the rating code sheet but I see it. VA should granted me, my CUE for right knee but it states denying!!! I assume VA try to avoid to pay me, but I think VA must grant me instead of denial. I want to know if there's a way I can do. Thanks for any comment that might help. I'm very upset and depressed right now. Link to comment Share on other sites More sharing options...
0 Mituna 2483 Posted November 4, 2021 Author Share Posted November 4, 2021 (edited) This is the decision letter from VA. Edited November 4, 2021 by Mituna 2483 Link to comment Share on other sites More sharing options...
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Mituna 2483
Hi everyone, I would like to know if this paragraph means VA granted my CUE for my right knee that it was denied in 1975. Thanks for reading.
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Berta
You can file a CUE on the denial- after we see that decisions, and if they warrant a CUE filing. There are basic templates here for CUE. CUE is not a "claim", as such, but is a "frontal
pacmanx1
It looks that way. Was this in a decision letter and did it have a breakdown of benefits? Congratulations!
Mr cue
Woo if this a decision letter. that a whole lot of retro. If they low ball the rating appeal the s--t out if it lol. That a great win
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