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Cue

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john999

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  • HadIt.com Elder

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.

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  • HadIt.com Elder

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

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  • HadIt.com Elder

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

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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

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