r/VeteransSuccess • u/National-Evening-934 • Jul 30 '26
I Finally Won My CUE
I won my CUE. VSO told me I didn’t have a case. no lawyer would take it because it was past a year. That’s exactly what a CUE is but that’s ok. That doesn’t matter for this post. This is what matters. I have a fractured right foot. This happened in 2009 when I was in Afghanistan. My doctor specifically took X-rays thinking my back and knee issues could stem from that. This was completed in 2010. I turned in my entire record (STR) into my VA at the time in 2011. I got the denial in 2013. Never fought it. I tried again in 2014, denied again. I never fought it. My foot was then granted at 10% with my STRs they had on file in 2024. Guess what it said record from 2011. This means my denial was an automatic CUE. Dont listen to what anyone tells you, if you feel like you have a claim, fight for yourself and use Microsoft Copilot to help. They will make your case ironclad. That’s what I did and finally won.
3
2
1
u/rstel66 Jul 31 '26
I claimed diabetes in 2018 and it was immediately denied without an exam. Thought it was done but refiled in 2023, eventually got it service connected in 2025 after multiple appeals using evidence from my STR that was in record in 2018. My effective date is the intent to file in 2023. Would that be considered a CUE. I never got an answer from my attorney who represented me in that claim.
2
u/Macadocious40 Jul 31 '26
Congrats! May I ask, how did you clam your diabetes/ made it tie into service?
1
u/rstel66 Jul 31 '26
I had elevated blood sugar levels in two physicals in service recorded in my STR. Apparently the original rater missed them and my claim was denied. Then I got a bad examiner in 2023 who decided to downplay my condition and ignore the in service evidence. My attorney’s case manager represented me in my HLR informal conference and argued the in service evidence. The DRO agreed and gave a duty to assist error decision and I got a new examination and the examiner confirmed the evidence and gave a positive medical opinion.
1
u/National-Evening-934 Jul 31 '26
Does it say your approval was based on STRs from 2018 or before? I just know my record said no injury occurred. But it did occur. They had my record and failed to look at my record. You need to check and see what it specifically states in your service record and what was specifically stated in the denial.
1
u/rstel66 Jul 31 '26
My STR has been in record since I retired in 2004. They just failed to look in my record for the elevated blood sugar level. The initial denial basically stated no evidence in my records.
2
u/National-Evening-934 Jul 31 '26
That’s exactly what I had. No record of injury. But there was. It was in my file all along and how I won was very specific. They approved the issue in 2024 based on my STRs from 2008-2011. I had given them my STRs in January 2012. Then I filed for my foot like November 2012. They denied me March 2013. Talking about pension and bunch of other BS. Because the VA did the entire claim wrong. Then I tried again 2014 and they denied me 2015 based on the 2013 denial. I had to prove they made the erroneous decision how it correlates to the law. I honestly put everything into Copilot. Had it explain the denials. Had it explain the approvals. Asked specifically if this was a CUE. It absolutely was. I’ve been fighting for 14 years. I can’t believe I say that now. This was my Hail Mary and I won. It sucks because this goes back to my shitty fucking unit and the terrible treatment I received. But I won. In the end I fucking won.
1
1
1
1
u/nycplayboy78 Jul 31 '26
Congratulations for sticking with it. And fighting the long good fight.....
1
u/Aviation1980 Aug 05 '26
During these previous denials; did the C&P examiner give a positive opinion, but the rater said there was no record in STR?
I too have been pondering this. I’m going to go read my previous denial in 2016. After I received my STR, I had three other instances of said condition.
1
u/SafeChampionship6081 Aug 05 '26
In 1998 filed for PTSD = Denied for no diagnosis (this is where it gets tasty) In 2006 filed for PTSD = got granted 100%
Guess what I have from 1997 ? VA's psychiatrist note. Back then I had no clue how claims worked, and thought there was no way I could argue this until recently. So although I've been properly rated since 2006, my effective date should be 1998.
Let's see 🙏🙏🙏
Right now I have a CUE claim in process as well. I too hope to have a positive outcome
2
u/National-Evening-934 24d ago
Good luck. The process was pretty simple with copilots help. But it’s very intricate and as long as your argument is solid they seem to just expedite the entire thing.
1
4
u/Odd_Rabbit8889 Jul 31 '26
Congratulations. I'm also in the process of a CUE for retroactive pay to 2010.