Legal Question in Veterans Law in North Carolina

Case of Clear and Unmistakeable Error

I am the remarried surviving spouse of a veteran who committed suicide in February 1982. I was also shot by the veteran before he took his own life. I filed a claim with the VA in February 2001 citing PTSD and/or Agent Orange as the cause of his death from his tour in Viet Nam in 1968-1969. It seems that the VA says that I filed a claim in April of 1982 and that the claim was denied in July of 1982. I never filed a suit against the VA before February 2001. I have sent away for the whole statement of the case and I am anxious to see what evidence they have used to deny my claim. I was hospitalized and was still going through out-patient care in April of 1982. My service officer and myself sent a letter to the VA citing CUE for failing to use his military records from a Void Enlistment to decide the case. They say that we did not claim that the veterans death was service related back in 1982. Again, I did not file a claim at that time. I will need to hire a lawyer to help me with this claim as it goes to the Board and the Court if necessary.


Asked on 10/02/02, 8:48 am

1 Answer from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Case of Clear and Unmistakeable Error

This is a very cumbersome issue. The court of veterans Appeals has spoken to the issue of CUE. The best thing is to file a notice of disagreement with the finding of the local office and then proceed with the board and then the Court of Appeals. When your case is at the Court of Appeals, there is a consortium here in the DC area who will look at your case and perhaps take it pro bono.

Good luck with your case.

Pat Tracy

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Answered on 10/02/02, 10:36 am


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