CUE Clear and Unmistakable Error

686 questions in this forum

1. Just wondering, if this maybe a CUE?

   In 2012, I was denied service connected for Necrotizing Myopathy. At the on-site of my disease my private doctors believed my muscle weakness was due to my statin meds. This is the reason the VA turndown my claim. I also submitted the claim under desert storm undiagnosed illness since sat time my condition was being examine to to find the try cause of the illness. After further testing, my diagnosis were Limb Girdle MD (adult onset). The reason I believe the initial, claim may be a CUE because the condition was chronic and therefore as should had fallen under presumptions. Am I correct? Or, should I just resubmit a new claim for Limb Girdle? Yes, I do have a…

   Asked by Sailorman, March 31, 2018

   • cue
   • disabilty
   • veteran
   0 votes
   7 answers
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3. Help? Do I have a CUE

   Hi everyone! I'm new to the page and was hoping someone here might be able to give me advice on possible next steps. I've already taken action on getting earlier effective dates for two conditions but because you never how claims are going to go I want to prepare myself should my claim not go in my favor. My story begins in 2007 when I filed my initial claim with the help of AMVETS. The entire VA claim process was very intimidating and I depended heavily on my VSO to tell me what I could/couldn't claim. He went through my STR and told me what I could claim. Ultimately, I was awarded 60% and felt extremely lucky given all the negative things that I had heard about dealing …

   Asked by piscesbaby, March 25, 2018

   • baltimore varo
   • clear and unmistakeable error
   • cue
   • earlier effective date
   • eed
   • inferred claim
   • ingram
   • radiculopathy
   • sympathetic
   0 votes
   15 answers
4. 1975 CUE?

   I have been revisiting my service-connected injury and believe I may have a CUE. My original post: The claim I filed was recently denied. They used the same verbiage in this denial as they did in 1980. In 1980 they stated: "VAF 21-526 does not show that she has required any subsequent since service. The evidence does not reveal aggravation beyond the natural progression of the original injury. " I will assume that the V.A. is meaning that I did not have any 'subsequent medical treatment'. If that is the case, the V.A. failed to take into consideration the treatment that I had three months after discharge where they put me in a full leg cast to correct…

   Asked by WomanMarine, October 5, 2017

   0 votes
   31 answers
5. I won my CUE at BVA, EED back to 2003

   Many of you have assisted me in my filing of this CUE. You can read about it in the thread here in the CUE forum called "Fully Developed CUE". I just got off the phone with the former DAV service officer that used to be my POA. He was able to access the BVA decision and read to me, Entitlement to an effective date of 11//2003 for PTSD w/bipolar disorder is granted Entitlement to an effective date of 11/20/2003 for residuals of a fractured left ankle is granted Entitlement to an effective date of 01/24/2004 for a back disability is granted So not sure what the RO/AMC will rate them after the remand back to them, but I know back in 2003 th…

   Asked by SigBnSoldier, February 7, 2018

   0 votes
   37 answers
6. CUE Appeal decision made; I got a phone call today

   CUE claim has taken six years. I've had to endure three (3) BVA Appeal hearings over the past 21 months. Today I got a phone call from someone in "Litigation" she said. Informed me that my claim was decided on February 23rd and the letter would be forthcoming. This is a very old CUE case. My first BVA Appeal hearing was the Judge I'll call "S"; the case was remanded back to RO for lack of jurisdiction (by BVA) which necessitated a second hearing. BVA did not assign Judge "S" but rather Judge "R" presided. Later, I get a phone call from BVA official explaining to me that "two judges cannot make a case decision as it could possibly be a tie, and that would be NO decision, t…

   Asked by Judy, February 27, 2018

   • bva decision made
   • cue appeal at bva
   • received phone call from litigation person
   0 votes
   12 answers
7. CUE

   Greetings. Seeking opinions from you. File a claim in 97 that was denied and became final. I try to reopen it in 2000 and it got denied and final in 2004. In 2006 i try once again to reopen and got denied. I appeal it within the year. BVA remand it in 2013. BVA states that the RO used private, VA record and in service records in determined their decision. The 2004 decision letter did not list in service records were used. The in service records were vital and would established that disability in incurred in service and link to my current disability. Is this grounds for CUE? Thank you

   Asked by chaselittle, February 23, 2018

   0 votes
   6 answers
8. Tort Claim in U S District Court

   Reposting because I can't make additional comments on original post. Hope this one is different. I'm attaching my Pro Se Complaint filed in U S District Court on December 15, 2017. Also the U S Attorney's motion to dismiss. I would like to hear any suggestions of U S Code and CFR articles that should be challenged under Sec (4)(d) of the 14th Amendment which was ratified on July 9, 1968. "The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume…

   Asked by Lemuel, February 21, 2018

   • deceptive policies
   • ftca claim
   • medical negligence
   • u s district court action
   0 votes
   10 answers
9. BVA CUEs itself

   There are 2887 BVA CUE deciswions for4 2016-2017- vets, more then ever , are filing CUE claims and appealing them at th BVA. Many are denied but there are sure some that have been granted: This is a recent CUE award: https://www.va.gov/vetapp17/files9/1757167.txt The board not only cued itself "The Board applied incorrect laws and regulations at the time of the April 2017 decision at the time of its denial of the appeal; had such error of law not been made it would have manifestly changed the outcome in the appeal based on the record and law that existed at the time." The Board applied incorrect laws and regulations at the time of the April …

   Asked by Berta, February 22, 2018

   0 votes
   2 answers
10. CUE - Incorrect Eff Date - 100% P/T

    CURRENT STATUS: 100% P/T CLAIM SUBMITTED: 14 JAN 2015 INFORMAL CLAIM SUBMITTED: 26 NOV 2013 INFORMAL CLAIM RECIEVED LETTER DATED: 16 JAN 2014 PROOF of INCORRECT EFFECTIVE DATE IN CLAIM SUBMITTED 14 JAN 2015 1. 21-526EZ LINE 5 - Have you ever filed a claim with the VA? Yes box checked "Informal Claim" handwritten in box 2. 21-526EZ LINE 9 Handwritten inside box: NOTE: Attached is copy of DUA letter dated Jan. 16, 2014 stating I had to submit this formal claim "within one year from the date of this letter" January 16, 2014. I am of the opinion that this submittal meets the requirement to use date of informal claim as the eff…

    Asked by Ryan22, February 6, 2018

    • cue
    • effective date
    0 votes
    18 answers
11. va failed to consider the law is that cue ?

    broncovet . i have not posted on here for quite a while,and i still cant spell ha. any way here my problem, my back claim has been up to the federal circuit . and to the court three or four times, i had a good law fir working for me so i let them handle things. they got me remanded to the board many times, i never had the nexus opinion. well i had one but they shot it down. the point i want to cue is that according to law at some point in all the reviews ,they never considered G P O 82-90 that explains how to decide if a disability is a defect or a disease 82-90 should they have considered it on their own, or does it fall on me to point it…

    Asked by mos1833, November 6, 2017

    • should va automatically use the correct law
    0 votes
    7 answers
12. 2 NOD’ turns into 2 CUE’s

    It’s been a long time since my last post because I had to take a break from the VA horror. Just wanted to say hey and thanks for all the help in the past. I had a C&P for my back and hip and was lowered for my back and denied for my hip. I was 20% on my back and lowered to 10% even though my C&P doctor said that I had a gait. First CUE! Second my primary doctor said in a letter that more likely than not my hip injury was caused while in the Army. I was denied because the rater misread the letter and said she said not likely. Second CUE! After carefully reading the decision letter I put in a NOD which should have been a CUE. I realized this and contacted someone at…

    Asked by silverdollar22, February 8, 2018

    0 votes
    3 answers
13. V.A. did not locate their own records - CUE

    Okay, now that I have been at this for over a year, I am now starting to understand the V.A. I was medically discharged in 1975 with a recurrent dislocating patella with a DoD rating of 10%. I started having problems, as noted in my SRT, in my 10th week of boot. It was not till a year later, when bowling @ Leatherneck Lanes, that my patella completely dislocated, tearing ligaments and my meniscus.I was seen the next day in Ortho, with a 'grossly sublexed patella' and subsequently discharged for this condition. Two months later I landed a job with Southern Pacific Railroad. About a month into the job, again, my knee went out on me causing me to 'crash and burn' …

    Asked by WomanMarine, February 2, 2018

    • cue
    • vaf 21-526
    0 votes
    24 answers