Category Archives: CUE

CUE– A “RARE” ERROR?

Every time we read about CUE, we are led to understand that it hardly ever happens. If it did, then it was an aberration and one that any rater might have made given the circumstances. In short, it’s so rare that it … Continue reading

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VA’S DUTY TO ASSIST IN A C&P

New Member WYN-WYN poses an interesting question. She had the unfortunate luck to be discharged in 1979 due to injuries sustained in the service. Her Medical Evaluation Board (MEB) assigned her a 10% rating for both knees and diagnosed other … Continue reading

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CAVC–SELLERS v. SHINSEKI–MACKLEM II

This may be the best decision you’ll read in 2012. It’s a daisy. It just makes me giggle every time I go back over the analysis. It will remind you of Leroy Macklem’s high adventures in CUE land. What’s more, … Continue reading

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CUE and More CUE

My son was home recently and allowed me to stroll through his access port to WestLaw. This is a legal site one subscribes to. Access is limited to those who pay. As he is a law student, he is given … Continue reading

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COVA–ARCHBOLD v WEST–WHEN A F-9= A NOD

Imagine getting screwed by VA in 1953, filing for increase in 1990, and during the course of the claim for increase, discovering you should have had the rating all along. Poor Mr. Emerson E. Archbold. What tangled webs the vA … Continue reading

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VA’s WHEEL OF FORTUNE

I logged on to Ebenefits last night to look for progress on my appeal. Lo and behold, someone has been busy. The date of current progress has jumped from January 25th, 2012 to the current one below showing they were … Continue reading

Posted in All about Veterans, BvA and VARO CUE DECISIONS, BvA HCV decisions, CUE | Tagged , , , , , , | 1 Comment

Fed. Cir.–CUSHMAN v. SHINSEKI–DUE PROCESS

There has been much talk about what constitutes “due process” and a lot of it has been misleading. While perusing another Vet’s site, I noticed a long diatribe about what was reputed to not be due process and Cushman was … Continue reading

Posted in CUE, Fed. Cir. & Supreme Ct., From the footlocker, Important CAVC/COVA Ruling, Tips and Tricks, Veterans Law | Tagged , , , , , | 2 Comments

BVA– WHEN CUE ISN’T

From the Biggest little RO in the World (Reno) comes this little gem. Yes, it comes down from DC, granted, but it originated in the fertile minds of those funny guys in the back Room in Reno. Johnny Law was … Continue reading

Posted in BvA and VARO CUE DECISIONS, BvA HCV decisions, CUE | Tagged , , , , , , | 1 Comment

CUE–FAILURE IN DUTY TO ASSIST

In 1994, the Court came to a very tortured decision that has disenfranchised Vets ever since. I refer to the holding in Caffrey v. Derwinski. This was hard on the heels of the Russell decision of 1992 that brought us … Continue reading

Posted in BvA Decisions, CUE, Tips and Tricks, Uncategorized | Tagged , , , , | 1 Comment

The Power Of One–WGM’S SAGA

Early mathematicians were extremely enamored of the number One. After mastering the simple concept of addition, they branched out into the concept of Algebra and its cousins. Multiplication and division yielded an abnormal result though. One could not be increased via … Continue reading

Posted in CUE, General Messages, Nexus Information, Tips and Tricks, vARO Decisions, Veterans Law | Tagged , , , , | Leave a comment