How do I file a CUE?

[adamjkress]

Can someone walk me through the process of filing a CUE? I believe I may have a claim for one, and I have not been able to identify a standard VA form - if there even is one. I appreciate any and all feedback.

 

Thanks.

[broncovet]

There is no "CUE" form.  Is this a clear error of a BVA, DRO, or RO decision?  Has it been a year or more since your RO/DRO decsion?  

On what bases do you see clear error?  Rememeber, CUE is a "legal" standard, not one that we think.  Cue must be:

1. Undebatable

2.  Outcome determinative

3.  Based on the laws of the time of the decision.

 NO benefit of the doubt in CUE cases.  

[Chuck75]

I believe that a "CUE" at heart is an NOD. So I'd follow the general rules for an NOD, clearly stating the reasons for the "CUE".

Actually, a CUE is often the resort when the time period for a normal NOD has expired. Many of the VA denials or low balls can reach a level of CUE.

[Berta]

We have considerable info on CUE in our CUE forum here.

[HitemStraight]

There is no reason to wait a year to file a CUE, if a clear error has been made with interpreting the law in a decision. Quite simple - they made an error and the outcome would have been different - file the CUE  in a Request for Reconsideration ....