Request for EED CUE Review

[Gastone]

I was about to NOD (DRO Review) my 12/2015 Award for an EED.

I called my RO VSO on a different matter but lucked out and got the Rep (Former DRO) that attended my 06/14 DRO Hearing. After discussing the VA Walk-in C-File Viewing Policy, which was the reason for the call, we moved on to the NOD I was about to file for the EED. He recommended filing a Request for an EED CUE Review, saying it would be faster than the DRO Review.

I figured, give it a try, still had till 4/17 based on Award Letter Date, to file the NOD for the DRO Review. Faxed him the 12 EED supporting Pages from my MHV Clinician Notes. He filed the Request 05/13/16, E-Ben showed it the following week, 06/04 it had moved to pending Decision with expected completion dates 06/15 - 07/15.

No matter the Decision, maybe there is something to the VA Request for Review, at least for CUEs. And I still have my NOD DRO Review, Locked & Cocked.

Oh ya, my VSO-Rep confirmed the walk-in RO C-File viewing policy. He said that all Det RO C-Files had been digitized, for our Viewing Enjoyment, no more piles of paper to turn, page by page.

Semper Fi

 

 

 

 

 

 

 

[RUREADY]

I look all over the net and still cant find a CUE REVIEW

WHAT THE HELL IS IT. Can  anybody explain this to us all??

The only cue review is from your post. when you get your decision

post how VA says  it was a CUE or reconsideration. You just don't win a cue

for an EED WITHOUT THE CLAIM being close and you won a cue in three months

don't sound right .jmho  RU

[RUREADY]

sounds good to make yourself look good I got to

see it to believe it. Maybe the VA is changing but not that much

If I win a cue claim in 3 months I would post decision but that's

just me just make sure it has cue in decision lol.

Edited August 25, 2016 by RUREADY

[RUREADY]

don't post our decision for me or anyone else

but until I can see this BS. I could be wrong just don't add up.

[john999]

Sometimes the VA will call a CUE on themselves when they see that they are clearly wrong.  I claimed SMC  "S" based on Bradley VS Peake.  I did not know I was filing a CUE, but the VA said they had made a CUE.  I got this very quickly.  On the other hand,  I filed a CUE claim due to defective decision in my original claim.  I spent 8 years on that and lost.  When you file a CUE claim it is a claim like other claims except  you don't  have protections like "benefit of doubt".   The VA must make a decision on the CUE and you can appeal that decision.   Asknod says a CUE should be visible from the moon.  The error must be so clear and undebatable that it flashes like a neon sign.   I really found out the hard way.  Reason, logic , right or wrong have little to do with it.  When I got "S" I got a decision that stated the VA had declared a CUE and I got my SMC and 2 years retro.  There is no secret CUE.  It is a decision like any other except it has strong powers and many problems getting there.

[Buck52]

RUREADY

CUE REVIEW

You can't find  a CUE REVIEW'' simply because they don't exist!

Check out Asknod Link here about CUE's

https://asknod.org/2014/05/02/cue-the-quintessential-elements/

[john999]

I really got tripped up on the "undebatable"  language in my CUE.  The VA maintained that my truly awful rating decision was debatable.  It was not like "you are or are not missing a leg due to military service" .  A missing leg that got blown off in combat and was witnessed by a few dozen officers and you spent a year in a military hospital recovering and then the VA says you , in fact, have both legs and rate you ten percent for arthritis in the leg you don't have is what I call a CUE.  If the rating you got can be debated as to severity or anything else then it is probably not a CUE unless specific regulations guide the rating you should get for gunshot to a certain group of muscles and you don't get that rating.  Even in such a case their might be room for debate as to degree of disability.  After my own experience I would not spend five years chasing a CUE unless I absolutely knew it was an undebatable error that rises to the level of CUE.   When VA did not grant me Housebound I suspected it was an error but not a CUE.  I knew the VA was wrong not to have awarded me statutory "S" according to their own regs.  but they are so slippery I was not sure so I filed anyway.