"CUE claim" vs. "Asking VA to CUE themselves"

[Vync]

I have read through some of the CUE topics and would like to ask what the difference is between filing a "CUE claim" vs. "asking VA to CUE themselves" or are they practically the same thing?

I know that a CUE is a one shot deal, so if someone did ask the VA to CUE themselves, would that eliminate the one shot afforded by the veteran?

[Berta]

Vync, CUE really isn't a one shot deal. I think VSOs made up that mantra to save themselves

work, if a vet on their POA had a CUE claim denied and wanted more advice with it.

The BVA will often deny a CUE on appeal but then state in the decisions that the claimant is not prejudiced from  refiling, as explained here:a

 

Asking VA to CUE themselves is not a regulation. I made that tactic up because I feel that the regs can be used against VA just as VA uses them against us.I have asked them to CUE themselves during the Appeal period and prior to filing my NOD multiple times, with success, but the success was based on a proven l;egal error in their decision that manifested an altered outcome for me.

Somewhere here are some examples in BVA decisions where they stated the claimant was not prejudiced to re file the CUE that the BVA denied.

Sometimes, to the BVA lawyers, I feel it is obvious that some legal error could have occurred BUT the claimant must address the legal errors with "specificity", as if they dont, the claim will be denied.

CUE really isn't a "claim". I just breezed through a few CUE claims at the BVA and I like their definition of CUE...it is ,in essense, a "frontal attack."

It is a legal attack on a RO decision ,made by someone who should have known better...and it cost the veteran retro, if in fact , a valid CUE was called to their attention.

I went through quite a rigamorale with VA sometime ago on some brand new decisions, and got so mad I started filing GCY CUEs via IRIS as complaints.It worked for me.

GTY (Go CUE yourself VA)..I made that acronym up because I try not to say bad words too much.

We have plenty of CUE info here.

CUEs filed against a BVA decision ,unlike those filed against a RO decision,must take the form of a Motion.

 

 

 

[Berta]

Vync, CUE really isn't a one shot deal. I think VSOs made up that mantra to save themselves

work, if a vet on their POA had a CUE claim denied and wanted more advice with it.

The BVA will often deny a CUE on appeal but then state in the decisions that the claimant is not prejudiced from  refiling, as explained here:a

 

Asking VA to CUE themselves is not a regulation. I made that tactic up because I feel that the regs can be used against VA just as VA uses them against us.I have asked them to CUE themselves during the Appeal period and prior to filing my NOD multiple times, with success, but the success was based on a proven l;egal error in their decision that manifested an altered outcome for me.

Somewhere here are some examples in BVA decisions where they stated the claimant was not prejudiced to re file the CUE that the BVA denied.

Sometimes, to the BVA lawyers, I feel it is obvious that some legal error could have occurred BUT the claimant must address the legal errors with "specificity", as if they dont, the claim will be denied.

CUE really isn't a "claim". I just breezed through a few CUE claims at the BVA and I like their definition of CUE...it is ,in essense, a "frontal attack."

It is a legal attack on a RO decision ,made by someone who should have known better...and it cost the veteran retro, if in fact , a valid CUE was called to their attention.

I went through quite a rigamorale with VA sometime ago on some brand new decisions, and got so mad I started filing GCY CUEs via IRIS as complaints.It worked for me.

GTY (Go CUE yourself VA)..I made that acronym up because I try not to say bad words too much.

We have plenty of CUE info here.

CUEs filed against a BVA decision ,unlike those filed against a RO decision,must take the form of a Motion.

 

 

 

[Vync]

Hi Berta,
Thank you for the information. I like your acronym!

If filing a CUE for VARO error via IRIS, would it be expected to take months or years like a regular claim?

[HitemStraight]

I had my CUE decided in less than 2 weeks. Sent directly to VARO ....

 

[Berta]

My SMC CUE and heart disease CUE took 6 years to be awarded.They never went to the BVA .

They were filed in 2003/2004 on an unappealed decision from 1998.

When I filed under Nehmer for the IHD (AO) I contacted the Nehmer RO who got the AO IHD  claim and I wrote to them that these pending CUEs were contingent upon a proper Nehmer decision.

The Nehmer RO awarded them.

Some of my past GCY CUEs ,filed within the last year or so, went faster.

Sorry I typed  the wrong acronym ....it is GCY (Go CUE Yourself) ...he he

As Hitemstraight posted, sometimes these CUE claims can go very fast....particularly if this is a recent decision that contains a legal error.

That type of error can cause a claim to become part of the backlog,for years, if it is not corrected.

CUE has become the first thing I look for in a RO decision.

Many here have had VA ignore probative evidence right off the bat...critical evidence such as a SSDI award for same SCs, or an IMO ,and as long as they got this evidence prior to the decision, if they choose to completely ignore it, they have broken the basic rights we have and we must attack the decision with a CUE.

 

 

[Vync]

2 hours ago, Berta said:

My SMC CUE and heart disease CUE took 6 years to be awarded.They never went to the BVA .

They were filed in 2003/2004 on an unappealed decision from 1998.

When I filed under Nehmer for the IHD (AO) I contacted the Nehmer RO who got the AO IHD  claim and I wrote to them that these pending CUEs were contingent upon a proper Nehmer decision.

The Nehmer RO awarded them.

Some of my past GCY CUEs ,filed within the last year or so, went faster.

Sorry I typed  the wrong acronym ....it is GCY (Go CUE Yourself) ...he he

As Hitemstraight posted, sometimes these CUE claims can go very fast....particularly if this is a recent decision that contains a legal error.

That type of error can cause a claim to become part of the backlog,for years, if it is not corrected.

CUE has become the first thing I look for in a RO decision.

Many here have had VA ignore probative evidence right off the bat...critical evidence such as a SSDI award for same SCs, or an IMO ,and as long as they got this evidence prior to the decision, if they choose to completely ignore it, they have broken the basic rights we have and we must attack the decision with a CUE.

 

 

Hi Berta,
Thank you for the good info, as always.

In my situation, the potential CUE occurred at the VARO level 16 years ago, so I am hoping to keep it there.

This potential CUE involves just a couple of documents: A "misplaced" C&P exam and failure to apply DeLuca which both could result in an increased rating.