What Happens In The Development Stage

[Guest Jim S.]

Can anyone tell me what they do with your claim during the deveopment stage of a CUE claim?

Even if it is at the VARO level, do they get a legal recomendation?

Jim S. B)

[Guest Berta]

CUES are handled just like all other claims.

I dont see why they would need a legal opinion. You have the right to appeal a denied CUE all the way to the CAVC.

CUE claims- I suggest- that you state the CUE clearly and then send the regs that you are claiming they CUEd on and anything from your past decision narrative (to include the rating decision) that shows them what you mean.

EXample:

This is what I mean- regarding my own 2 CUE claims-

on a posthumous rating decision (never appealed)my husband was found to have 40% under DC 8009-8520 -for lower extremity weakness due to CVA

also 20% Right upper extremity weakness due to CVA (8514)and 30% cognitive impairment due to CVA, under 9305.

He had brain stem stroke and it also had affected his left side as well as aggravate a medically documented ankle injury he received after the USMC and before he joined the Navy.The ankle was rated at "0".

He was unable to walk more than 3 steps for months.

His HBP was coded at 10% under 7101.

His significant heart disease was NEVER rated or coded.It fell into 30% for 4 years then into a much higher rating-per the VA medical records and report from VACO Chief VA Cardiologist.

His medical records reveal how his CVA was more damaging than these few codes and he lost use of both of his hands, some vision, and was declared 100 P & T by the VA neurologist due to this 1151 stroke.

The medical opinion that General COunsel obtained when I filed FTCA claim revealed that his HBP was never controlled adequately and the med recs reveal high reading of HBP into the 40 to 60 % range under DC7101.along with extensive heart and brain ischemia.per the VA's own criteria.

My long point here is-

you state that they committed a CUE-they violated their regs in a final decision.

then you show them how they did that.

You send them the decision and any rating attachments-or whatever you are cueing-

you send them their regs highlighted and any DC or rating info or medical evidence that supports the CUE.I sent them copies of med recs and also the VACO medical report.And referred them to the SSA files as well as VA Day Treatment reports and 3 VA hospitalizations.-also the actual rating criteria from 38 CFR.

You also can send them -as I did for another CUE- the whole General Counsel Pres Op that says they will adjudicate and pay SMC to 1151 vets, which they refused to do in my husband's case.

Same as a regular claim.It must be supported by evidence.

Edited October 21, 2005 by Berta