Form for submitting CUE claim

[add55p]

Hello All

Can someone tell me what form or method I am required to used to submit a CUE claim to the VA?

There is a lot on this site about why, when and what to submit, but not what form or format to submit the CUE..

Thank you..

Add

 

 

[Berta]

If you have a POA they might have a template they use.

I never used a form, I just sent them a letter. 

If there is a form that anyone here knows of please let us know.

This is one of my CUEs and can be used for a template:

Veterans Administration Regional Office                          July 13, 2004

111 West Huron Street

Buffalo, N. Y.   14202                                                        Re: XC XX XXX XXX

                                                                                            

 

 

 

To whom it may concern:

 

            This is a claim under CUE, 38 USC, 5109A.

 

            I believe that VA erred in the lack of application of 38 USC 1114 regarding the above veteran’s entitlement to SMC. Although M21-1,Part 6 provides that SMC will be considered and rated as it is an inferred issue for any claim with SMC potential, VA failed to consider a retroactive award of  SMC in adjudicating the veteran’s Section 1151 , which I re-opened after his death.

 

            Although I filed a claim regarding this matter on June 9,2003, and filed a NOD to include that part of your February 12th decision, I am changing the SMC claim to a  CUE claim due to the enclosed statement from CHAMPVA, dated July 7, 2004, ie:

 

                        “Information provided by the VA Regional Office servicing your area indicates that the disability* was a result of VA hospitalization and not due to active military service.”

 

            For CHAMPVA purposes  a disability has to be 100% P & T. The VARO, in making this determination to CHAMPVA , relied on the veteran’s 100% NSC disability rating per the Section 1151 award 3 page  rating decision as regarding Rod’s strokes and residuals thereof,(Section 1151) and  indicated  to CHAMPVA that this combined disability was a “result of VA hospitalization”.

 

                                    Also I believe VARO committed a CUE regarding the SMC as an inferred issue due to their July 1997  receipt of a 2 page report from Pamela Steele, MD,MPH of VACO  Medical Services which VARO referred to in the Sec 1151 decision and which, in Dr. Steele’s narrative, it appears that Rod suffered an additional  CVA

while hospitalized and misdiagnosed for the Aug. 9th CVA, mentioned under # 2, D as “old” CVA. This would make sense as the medical records show both a hemmoragic stroke as well as stroke from clotting / atherosclerosis-2 different medical situations. The VA medical care, called “substandard” in this report would also lend to a SMC consideration which VARO never considered at all. VARO has a copy of Dr. Steele’s report included with subsequent submissions from me regarding my claims under direct service connected death and administrative decision for retro under Bonny V Principi. It is also listed as evidence in the Section 1151 award letter I received.

 

Enclosed: copy July  7,2004                                           Respectfully,

CHAMPVA letter July 7, 2004

Dr Steele's report 1997 (VA Central Office)

 

1998 rating decision 3 pages Award 1151 DIC wrongful death

-----------They fought me until 2010 when a different RO awarded this claim, it involved 4 CUEs.They added the IHD CUE to the decision.( forgot 5 CUES-I whipped out another one and they awarded that last year.

By then-2012- IHD was an AO presumptive and they awarded as direct SC and awarded  the SMC CUE and the retro.

There might be a better template here somewhere for CUE.

I also sent them a page from the VBM by NVLSP explaining the SMC Mandate, M21-1MR print outs and also my husband's 100% SC P & T PTSD award , EED 1991, his SSA awards ( he had 2), and considerable other stuff ,to include a letter from a former VA Secretary to my husband, as they continued to fight this claim.

The more they tried to deny it, the more I aggressively fought back with evidence, and I challenged them to produce a regulation they "made up" in one of their ludicrous denials. Of course there was no regulation like what they said.

My CUES took a long time but my Requests for them to CUE themselves (explained here) within the appeal period had far more fast success.

How old is the decision you want to CUE?

(Please note-I was awarded CHAMPVA with EED of 1991-   they had deliberately ignored the 100% P & T SC award for PTSD, thinking I would buy what they were selling with that CHAMPVA BS.

 Some of these VA people cannot even read.)

 

                                                        

 

 

 

 

           

 

 

           

 

 

 

 

 

         

 

 

           

 

 

                                                                                                 

                                                                                             

 

 

 

 

 

 

                                                                  

                                                                        

 

 

                                                                                              

                                                                      

                                                    

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Edited July 19, 2016 by Berta

[Gastone]

Use Berta's, especially if your as lazy as me.

How about sharing what SC claim issue, your CUE question concerns. Cue Claims are not a DIY deal, for the uninformed to attempt.

Semper Fi

[Berta]

That would help a lot.

The medical evidence has to be established already and the legal error(s) they made has to warrant some cash....otherwise no CUE occurred.

My other CUES were not at all as involved as the one I posted.

The IHD CUE was short.I hope I can find it. It was many PCS ago.