Tag Archives: CUE

DNA AND CHASING THE CUE RAINBOW

I had my DNA tested by Twentyfourgalore.com ® to see whazzup. Nope. No Down syndrome. I realize some of you have had your doubts over the decades. I also figured I might like to know if I had a smattering of … Continue reading

Posted in CUE, Inferred claims, KP Veterans, NOVA Attorneys, Tips and Tricks, VA Agents, VA Motions for Reconsideration | Tagged , , , , , , , , , , , , , , , , , , | 7 Comments

CAVC–MOYE V. SHINSEKI-THE PRESUMPTION ACCORDING TO ST. BAGBY

My eye, as most know, is drawn to Court reversals as they offer the most cutting -edge jurisprudence and the best read for the money. Leroy Macklem is a recent, classic example of this and Mr. Moye’s win will be … Continue reading

Posted in CAVC ruling, CUE, Presumption of Regularity | Tagged , , , , , , , , , , , , , , | 2 Comments

RANDY-5, VA-0 FOR CUE

We do not advocate using CUE as a legal means to attain the proper rating but apparently that hasn’t stopped some of you from doing so. More than a year ago now, WGM used it to overturn the Whacko, Texas … Continue reading

Posted in CUE, vARO Decisions | Tagged , , , , , , , , , , , , , , , , , , | 7 Comments

CAVC SERIES–GILBERT’S LASTING LEGACY

When we survey our Veterans fiefdom for judicial uniqueness, we notice that in spite of what is described as a Veteran-friendly environment, we often manage to end up on the wrong side of it. 85% of you, to be exact. … Continue reading

Posted in CAVC Knowledge, CUE, Veterans Law | Tagged , , , , , , , | 2 Comments

BVA– LEROY MACKLEM’S OTHER BROTHER DARYL

FROM THE MONTGOMERY WARD CATALOGUE RO IN ALABAMA Here’s one that will take a while to be docketed at the Court. VA will play “Fish on! for a few years. The most common modus operandi is to stick your appeal … Continue reading

Posted in CUE, TDIU, Veterans Law | Tagged , , , , , , , , , , , | 2 Comments

BVA– CUE BY ST. PETE”S RO (4th TIME)

You get that warm, fuzzy, content feeling about your Regional Office when they keep committing CUE and the Board keeps remanding it via the 59th RO (AMC or Appeals Management Center). Its now 2012 and they’ve been playing pingpong with it since … Continue reading

Posted in BvA HCV decisions, CUE | Tagged , , , , , , , , , , , , , , | 1 Comment

COVA–FUGO V. BROWN–SHOW ME THE CUE

I should have written this one up several years ago and for that I apologize. Fugo is an interesting case where the Vet attempts to raise CUE but isn’t quite sure what he’s up to. In his bumbling efforts, he compounds his … Continue reading

Posted in CAVC/COVA Decision, CUE, Veterans Law | Tagged , , , , , , , , , , , , | Leave a comment

CUE AT THE CAVC-YOU HAVE THE RIGHT TO REMAIN STUPID

Presenting a CUE claim to the RO should not have to be as dramatic as Martin Luther nailing his 95 Theses to the front door of the Church in Wittenberg. However, when pursuing a claim of this magnitude, a Vet … Continue reading

Posted in CAVC/COVA Decision, CUE, Fed. Cir. & Supreme Ct. | Tagged , , , , , , , , , , , | Leave a comment

CUE–AND MORE CUE

As I’m in the middle of a CUE decision that will be argued at the Court, I have been studying the concept of what is, what isn’t, whether it can be argued, whether I’m precluded by Caffrey, Fugo, and Russell … Continue reading

Posted in CUE, Veterans Law | 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