CUE process

[killab2068]

When or where in the process of submitting or filing a "cue" in ebennefits do you designate the FDC as a "cue"? 

[Berta]

I never technically filed a CUE as a FDC... not sure what you mean...I think my last CUE showed up as "new" claim on ebenefits in 2015 but have not been able to get back into my ebenefits account.

The 5103 waiver I got had two claims listed ,one was a CUE but they called it an accrued claim.

(it was a CUE on an accrued claim decision)

I don't actually consider a  CUE as a FDC .......maybe others do and will reply.

But my last CUE was fully developed in this sense....in a March 2015 decision they made a legal error.

I filed CUE via email to the Director as well as via IRIS complaint.

They reversed and awarded in April 2015, referring to the CUE as a "re-open" in the award letter, with the evidence they ignored in April.In one sense it was a Fully Developed claim because they had all of the evidence I sent with the CUE ,filed in 2012 ,and with the VCAA 5103 letter..

I was able to prove they denied me my VCAA rights twice, in another decision I got on the accrued claim.

We cannot call a violation of our Due Process rights a CUE, but my pending CUEs reflect the violation was detrimental to me.It will be interesting to see what my VARO does with my new CUEs, since they verified they did have my evidence by phone, but chose to ignore it for the additional CUE.

I hope I can get into my ebenefits account again...that might show how they identified all of my CUEs in the Historic part and I will let you know.

 

[Buck52]

In order to establish CUE, the appellant must demonstrate: (1) Either the facts known at the time of the decision being attacked on the basis for CUE were not before the adjudicator, or the law then in effect was incorrectly applied; (2) an error occurred based on the record and the law that existed at the time; and (3) had the error not been made, the outcome would have been “manifestly different.” Bouton v. Peake, 23 Vet. App. 70, 71 (2008). In other words, it must be undebatable that the VA made an error based on unconvertible facts or a misapplication of the law that existed at the time.

 If BVA decision is so recent that it is still subject to appeal to the CAVC, a CUE claim cannot be lodged until no longer subject to appeal before CAVC. See Gates v. Nicholson, 19 Vet. App. 376 (2005); May v. Nicholson, 19 Vet. App. 310, 320 (2005). (Appealing a case to the CAVC is usually a better option than filing a CUE claim because it is much more difficult to prevail on a CUE claim.)

Edited February 22, 2017 by Buck52

[Buck52]

Ms berta

If you have not tried this?  try it

Try changing your  ebenefits Pass Word, I believe  they make it mandatory we change our pass words every 90 days, also clink on the ''help link '' they can assist you  or go to your nearest VAMC E benefits desk/office.

[Berta]

Buck, I might be off for a few days here...busy with other issues

I am not too concerned about ebenefits. The 800# gave me a phone # for ebenefits.

If this vet above scans and attaches a copy of his CUE, maybe we can help him more.

(Cover C file, name, address prior to scanning it)

 

[Buck52]

Roger that Ms  berta

[killab2068]

• I will tell you my situation due to being in the research phase in this process.  I was denied an increase for a sc disability.  I won an appeal against that decision.  I submitted 2 DBQs as evidence but only 1 was used to establish effective date of compensation.