Legal Question in Veterans Law in New York

Veteran Law

I filed a claimed 1 month after my 1984 discharge. 3 months later, I amended my claim while in the VA hospital, to include, service connection for a respiratory tumor found one month after my discharge (within the presumptive period). Because I was being medically discharged for a foot condition, I was not granted a separation physical. The VA never rated me for the tumor or residuals, but sent some correspondence regarding the VA not paying for developmental or congenital conditions. I discovered some years later, that, the VA, did have special conditions for rating respiratory conditions. I also discovered, that my service medicals records for my service was not before the adjudicator at the time of my original rating. In 2006, the VA finally rated me for the tumor and residuals but only made it retroactive to 2005. I am certain they committed a CUE. My appeal has been at the Regional Office since 2001 without a BVA hearing. I am certain that they are stalling me out, what I do ?


Asked on 6/19/09, 12:54 pm

2 Answer from Attorneys
Jill Mitchell-Thein Heard & Smith, LLP

Re: Veteran Law

This sounds like a case an attorney should look at. I have practiced veterans' law exclusively for 10 years and have been successful in handling the few viable CUE cases that came along. Most cases referred to as "CUE" are actually something less difficult to prove. It just takes a good case evaluation to win. I have seen vets lose when they argue CUE when they could have won had they used the correct argument. Feel free to email or call me if you would like more help.

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Answered on 6/19/09, 1:08 pm


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