Category Archives: CUE

COVA- Caffrey v. Brown–Duty to Assist?

Posted on September 28, 2011 by asknod

When filing for Clear and Unmistakable Error (CUE), one case seems to get a lot of attention where failure in the duty to assist is claimed.  This is understandable because, like a cattle drive, VA counsel will push the Veteran … Continue reading →

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CAVC–Melancon v. Shinseki (2011)– Dude, they dissed me in 91

Posted on September 27, 2011 by asknod

Even though we cannot use single judge decisions from the Court for precedence, we find them extremely informational for what they contain. They are useful for Vets who choose to defend themselves as the following Vet did. This is called pro … Continue reading →

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CAVC–Hillyard v. Shinseki- CUE it again, Sam

Posted on September 27, 2011 by asknod

Even though this decision goes against the Vet, one can hardly fault the Court or the VASEC for their logic. Joseph C. Hillyard, a peacetime Veteran, suffered a head injury that caused him some mental problems. He filed claims for … Continue reading →

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COVA–Bentley–The First CUE Case

Posted on September 27, 2011 by asknod

We have discussed CUE (Clear and Unmistakable Error) many times but few Vets know how and why it exists. It is another one of those blessings bestowed on us by a grateful nation for our service. Just as we are … Continue reading →

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CAVC– Bouton v. Peake (2008) Re: CUE

Posted on September 27, 2011 by asknod

    Here’s a decision that illustrates how CUE works. Keeping in mind that there are three ingredients needed to produce CUE, and that a manifestly different outcome would have ensued, read about Mr. John P. Bouton’s travails with VA … Continue reading →

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CAVC– Macklem v. Shinseki– Leroy Macklem, Come on down!

Posted on September 27, 2011 by asknod

Imagine having a horrible legal argument, losing it before the CAVC and still winning all the marbles. I mean ALL the marbles.That’s what we have here. Mr. Leroy Macklem doesn’t have a legal leg to stand on in his CUE … Continue reading →

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BVA–CUE- What is it?

Posted on September 26, 2011 by asknod

The decision below contains an example of CUE (Clear and Unmistakable Error)- one of very few you will ever see. CUE effectively nullifies a prior decision by either the RO or the BVA. The BVA is the arbiter of this. It … Continue reading →

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BVA–Big Brother is watching you

Posted on September 26, 2011 by asknod

This has no pertinent relevance to HCV claims, but I include it here to illustrate that VA does keep track of you and your claim. You would be foolish to think otherwise. This deranged Vet filed in 1946 and received … Continue reading →

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BVA–AWOL=HCV=CUE

Posted on September 26, 2011 by asknod

This is a CUE decision. CUE stands for Clear and Unmistakable Error. If the VARO screws up and gives you Service Connection for an illness and then discovers it, this is what happens. It is rare but it does happen. … Continue reading →

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BVA–GIMME BACK MY RATING

Posted on September 26, 2011 by asknod

This is a classic example of the RO attempting to take away the Vet’s rating. They are not well versed in this and usually screw it up. In this case the vet had appealed the action and ended up having … Continue reading →

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