I filed for an EED for a 100% rating back to 1971. It had to be in the form of a CUE. My lawyer and I thought we had a slam/dunk since the VA had not considered my IMO/IME in the 1973 rating decision. I believe this was in 2005 when I filed. 7 years later we were denied at hearing of my claim at the federal court level. These really old CUE claims for EED’s or other corrections of decisions are tough because you have to use the regulations that were in effect in 1973. I found that my claim was impossible to prove because the VA was demanding I prove a negative which is impossible. Before 1990 the VA did not even have to include IMO’s and all evidence in their rating decisions except if it were lost service records that you were bring up that the VA should have considered. Any claim that affects a large group of vets will be fought like crazy by the RO, BVA and Court of Vet Appeals. It does not matter about the facts, intent of the law, or justice. It is all about having to pay potentially thousands of vets years of retro. They hate that idea. There are vets who won landmark decisions who have not been paid due to constant appeals by the VA to stall.
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