I suggest strongly AGAIN here that anyone attempting CUE, to review the actual CUE regulations ( 38 USC 5109A) and go over our CUE forum here carefully --lots in it..
One CUE they committed, as I stated before, in my opinion is 38 CFR 4.6 et al, specifically the 4.6 part,regarding the 'active duty ' period.
Without reading the actual denied decision for the CUE potential , however, this is just a guess.
"The CUE reads, I am making a CUE ("clear unmissable error") claims for asthma, costrochondritis, pneumothorax, decortication, hemothorax and the thoracotomy. The VA committed legal error when it denied these claims on August 2013."
"The VA's 2013 denials do not mention my service on active duty in 2011."
If that omission was Probative to your claim in 2013, that is a CUE under 38 CFR 4.6...as I posted here before.
Is that CUE still pending?
Again I suggest to all out there who want to file CUE....READ the CUE info in the CUE forum...
Some vets dont know what a CUE is but think VA committed CUE and that wont do it......other vets here know there is a CUE basis and are willing to clearly define the legal error to the VA.
This claims ( there are CUE templates here) MUST be carefully worded and satisfy the 3 prongs of CUE:
1. Clearly identified Legal error (s) in past decision (whether denial or award) use 38 CFR, or 38 USC, or both and also you can add any M21-1MR citations they failed to apply,as well as any VA OGC Pres Op or any CAVC precedent decision.
The specific Legal Error from 38 CFR or USC is really all you need,for most CUEs, but it pays to add icing to the CUE cake when possible.
2.The legal error cost you a proper retro amount ( the manifested altered outcome)
3. the medical evidence at time of the alleged CUE was in VA's possession at that time.
Meaning they had your SMRs, to include your discharge certificate any IMO/IMES, results of all C & P exams, and anything else (like a SSDI award) etc etc etc ,all VA and or treatment records, etc.
# 3 is like the Watergate question:
'what did they know and when did they know it'
Army veteran 2008 -If you typed here that is exactly how the CUE was worded and it is still pending, they might review the decision and agree........I say Might, because I don't think it clearly defines the obvious error they made. It makes sense what you wrote, but VA does not use common sense.
I have seen multiple BVA denials of CUE solely because the legal error was not specified.In that case the veteran usually was given the opportunity to file a new CUE, and BVA would say they were not prejudiced by the older denied CUE. That is nice, it gives them their rights, however another CUE could take many more years.
Do you have a vet rep?
Others will chime in. Everything I know about CUE is in our CUE forum already
what does the DOD / or military personal in charge of veterans service records..what and where do they send them?
Most prior Vietnam Veterans that were there before the fall of Saigon of 75, in the late 60's to early 70's for some of us the unit we were in has disapated and no longer exist According to ( Google Search) I put in my unit name Battillon AP0# and they can't seem to find any records...OK I called NPRC (Archives) St Louis they said ARB has all my Records. NRPC Lady says they have them because I have a claim in . I said butI don't have a claim in I already have my claim decided back in 2015 Then she kinda got hissy fit with me we don't have your records and said she is disconnecting this call now conversation over. eh!
My old unit in Germany no longer exist either according to google search. but I was there for 10 months just south of Mannheim Germany in Tompkins Barracks but I was there eh!
ARB (Army Review Board of military records correction) Contacted me and said they don't have any of my Service Records to make a correction on my 214..AND DENIED MY CORRECTION..I have one Year to submit more records of evidence with the dates that are correct.
So how else can a Veteran that needs his complete military service records get them?
My reason for asking is I am trying to get my DD-214 Corrected b/c of the service dates are incorrect and they don't show my Germany service on it..only Vietnam Service but the dates are wrong on that too.
I have been fighting with the ARB (Army Review Board of corrections military Records) in Arlington Va
I sent them old unit records/ TDY Travel Orders and any records I had to support my correction.
I seem to have lost my Orders after Basic Training and AIT but I wrote ARB a letter in detail the dates I was in basic and where and the dates from AIT and where &as close to the dates and where for Germany & Vietnam...Well that's not good enough either ARB says they need Military unit Records...I don't have any and can't seem to get any.??
I even sent what records I had that I used in my PTSD Claim Mostly Vietnam Records...they are not good enough either b/c the dates where actually when I was in Vietnam and not my ETS from Nam that's the dates I need because I extended my tour longer than the required 12 months of Vietnam Duty.
Any help from anyone would be appreciated.
Better yet---can you scan and attach here a copy of the CUE claim that the 'company' put in?
Cover names address etc and your C file # prior to scanning it.
Did you mean the 2013 CUE was denied and this regards a different claim?
CUE claims have to be worded VERY carefully.
I used a regulation regarding the 'lack of' ratings for some of the above CUEs.I forget what it was, those CUE claims are here somewhere,... but the 'company' probably used the same regulation....I dont know.....