New member CUE Help

[Berta]

New members CUE info---I cant really get into CUE in PMs....

There is so much here already in our CUE forum and available under a search.

 

CUEs require three considerations.

1.A legal error in a past unappealed decision.

(The date of the decision and an attached copy of it should be part of the CUE. The legal error must coincide with VA regulations and case law ,established at time of the alleged CUE)

2, The legal error must have had an altered manifested outcome to the claimant.

(Meaning, had it not been for the CUE, the VA would have owed you Cash. The rating decision would need to hold a rating for the Cued decision at least at 10% NSC or SC for whatever they might have committed CUE On 

3.The legal error Must be stated with specificity.(and relies on evidence in VA's possession at time of alleged CUE)

(meaning you need to accurately identify whatever VA regs they broke, or whatever VA Fast Letters, or Pres decisions from CAVC or OGC they broke etc etc.

Their errors are usually regular 38 CFR/USC errors.

There is an excellent CUE claim here that I tweeked a little for the veteran:

http://community.hadit.com/topic/61281-cue-claim-template/

My SMC Cue claim is here somewhere.

The examples and templates are hard to find but available under a search I am sure.

 Example of one of mine:

1998 unappealed decision

CUEs in decision

Lack of SMC Consideration ( Violation of 38 USC 1114)

Lack of any rating or diagnostic code  for heart disease *

Lack of proper ratings for stroke *

Lack of proper rating for HBP *

Lack of application of VACO / and VA Peer Review /FTCA  to proper ratings (violation of 38 CFR 4.6)

 

*This was from my 1151 DIC award letter –wrongful death- the 1998 decision. The evidence was in VA's possession at time of CUE that warranted a different outcome from the award.

I have more info here-under filing CUE within the appeal period.....as well as traditional CUEs filed on unappealed decisions.

 

 

 

 

[FormerMember]

Since every claim is unique- and thus every CUE by extension, will be unique, I have always tried to summarize what is NOT CUE first in order to filter out all the wheat from the chaff. It's far easier to understand what you cannot win nor ever will than to ask "Here's my situation. Do you see a CUE in it?" One of every 10 CUE claims wins. Many ongoing claims are claimed as CUE while the claim is still contested. Vets tend to call any error CUE even if it can be corrected in a NOD or on appeal. The standard rule is the older the CUE (and the  higher the value of the error in retro payment), the less chance of a win unless you fight to the CAVC. Most Vet attorneys, for this reason, don't like to accept CUE claims unless they see a glimmer of success and a high-dollar return for the ensuing knife fight in a dark alley with VA over it. Raters and VLJs are not well-versed in CUE law and tend to give it a boilerplate denial. 

Here's a good primer on what is not CUE to save time asking the same questions over and over concerning this. 

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