HadIt.com Elder john999 Posted March 17, 2007 HadIt.com Elder Share Posted March 17, 2007 If a vet's CUE is properly filed and denied at the VARO then is the next step the BVA? There is no way a DRO is going to grant me CUE, not at my VARO. Link to comment Share on other sites More sharing options...
HadIt.com Elder Josephine Posted March 20, 2007 HadIt.com Elder Share Posted March 20, 2007 (edited) I will ask again, if the VA failed to acquire my psyciatric records, which were in the archives for 40 years, and I secure these psychiatric medical records for them in 2004. This would be with the filing of 1978, 2002 and 2004. Is this considered Cue or Pardoned Negligence? Thanks, josephine Edited March 20, 2007 by Josephine Link to comment Share on other sites More sharing options...
carlie Posted March 21, 2007 Share Posted March 21, 2007 Is this considered Cue? - Answer - NO Pardoned Negligence? - I don't know what your talking about here. carlie Link to comment Share on other sites More sharing options...
HadIt.com Elder Josephine Posted March 21, 2007 HadIt.com Elder Share Posted March 21, 2007 Carlie, Is there a name for this. I was referring to the case where the VA was pardoned if the VA did not secure your medical records, even though, you told them to get them and they failed to do so. Something to do with 1992. Bell v Derwinski 1992. Josephine Link to comment Share on other sites More sharing options...
carlie Posted March 22, 2007 Share Posted March 22, 2007 Josephine, I believe that Bell is the court ruling that deals with the constructive notice rule, regarding evidence in va's possession, but not before the adjudicator. I know your claim is very intricate, good luck with it. carlie Link to comment Share on other sites More sharing options...
Question
john999
If a vet's CUE is properly filed and denied at the VARO then is the next step the BVA?
There is no way a DRO is going to grant me CUE, not at my VARO.
Link to comment
Share on other sites
Top Posters For This Question
4
4
3
2
Popular Days
Mar 20
7
Mar 18
4
Mar 19
2
Mar 21
2
Top Posters For This Question
carlie 4 posts
Josephine 4 posts
Berta 3 posts
RockyA1911 2 posts
Popular Days
Mar 20 2007
7 posts
Mar 18 2007
4 posts
Mar 19 2007
2 posts
Mar 21 2007
2 posts
16 answers to this question
Recommended Posts