CUE Clear and Unmistakable Error

686 questions in this forum

1. Cue - Check This Before Posting Your Question It May Have Already Been Answered

   http://www.google.com/search?client=safari...-8&oe=UTF-8

   Asked by Tbird, August 11, 2008

   0 votes
   1 answer
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3. Reconciliation Of Moody V. Principi, 360 F.3d 1306 (fed. Cir. 2004), And Case Law On Cue Claims

   Department of Memorandum Veterans Affairs Date: May 28, 2004 VAOPGCPREC 4-2004 fillin "Please type the 'Date' line information." From: General Counsel (022) Subj: Reconciliation of Moody v. Principi, 360 F.3d 1306 (Fed. Cir. 2004), and Case Law on CUE Claims To: Chairman, Board of Veterans

   Asked by carlie, April 28, 2010

   0 votes
   7 answers
4. Cue - Check This Before Posting Your Question It May Have Already Been Answered!

   http://www.google.com/search?client=safari...-8&oe=UTF-8

   Asked by Tbird, August 19, 2008

   0 votes
   0 answers
5. Early Effect Date / Video Judge

   I am seeking an earlier effective date on my PTSD claim. I was granted back to 2016 where i was diagnosed with PTSD but denied... so I reopened claim 2018 and was granted 100 percent going back to my first diagnosis and denial in 2016...denied an early effective date to 2002. Going threw paper work I saw that I was diagnosed originally with PTSD by CNP Doctor in a favorable CNP for my claim for PTSD in 2002 but denied...so I again reopened it ( legacy claim doesn't apply ?) and granted a Video hearing with a Judge I'm 2023 but the Video situation was canceled in Dec of 2023 by my service officer and now It's sitting in docket waiting for a review why would t…

   Asked by KDM, April 2

   0 votes
   4 answers
6. I took a SWING!

   Veterans, Greetings. You will never know how helpful the information in this forum has been over the years. Your assistance and feedback helped me get rated @70% in 2015. Since then, I qualified for VRE and am about to finish a Masters degree. Truthfully, however, my employment situation has been a huge struggle with my earning beings around $9,000 per year. That is another story though. I need to throw something out here for feedback and thoughts (in general). I was looking through records with respect to past claims the VA denied (1995, 2007, 2008) prior to the 2015 approval. I separated from my beloved Marine Corps in 1994 and put a claim in several months l…

   Asked by MyCorps, March 13

   0 votes
   8 answers
7. Does CUE apply to VA Life Insurance decisions?

   Today, I received a call from a VA Insurance Center supervisor regarding a HLR/CUE I submitted earlier this year. Despite one of their departmental attorneys discussing it with me in May for more than two hours over the phone, I never received a decision letter. They could see where the my documentation was received, but for "unknown reasons" a task was never generated to work it. We briefly discussed the details. They said they were familiar with CUE, but said it applies to compensation claims, not life insurance decisions. They said there was no requirement for them to fill out the long-form decision letter that responds in detail to each of the points I raised in …

   Asked by Vync, July 15, 2020

   • cue
   • insurance
   0 votes
   17 answers
8. First time hearing this, any experience?

   I filed a BVA advancement on the docket today. Provided evidence why I should qualify and explained my appeal. In 2021, with my civilian doctors (otolaryngologist) paperwork i submitted, I was granted an increase (already service connected) to 100%. Months later, the va still scheduled a c&p exam for me, even with sufficient evidence and of higher probative value. That c&p exam like a PA (physician assistant) and a general MD to not mark the same boxes as my doctor which resulted in my decrease. After faxing an advancement on docket today, after logging in Ebenefits I noticed they had filed a CUE same day and was already assigned to a reviewer. It wasn’t what I …

   Asked by FlyboyLeRoy, September 20, 2023

   0 votes
   3 answers
9. Deleted by author

   Delete

   Asked by Dustoff1970, July 2, 2023

   0 votes
   0 answers
10. Would this be a CUE claim?

    I filed some intents on Nov 30,2021. On Nov 29th 2022 I filed my claims. They were on Supplement claim for tbi migraines secondary to tbi Supplement claim for lumbar discs Allergic rhinitis My tbi claim was combined with ptsd for an overall rating of 70%. Migraines granted at 30%. RH sciatica 10% and allergic rhinitis 0 my overall combined rating is 90% effective Jan 5 2023 On January the 2nd I mailed out my award for fers disability which I received in July 2012. I was retired over my back which was rated 10% then. I also received ssdi dated back to July 2012 which was only claimed as my service connected disabilities. I sent that as …

    Asked by Mideis, May 14, 2023

    0 votes
    20 answers
11. The VBA processed my CUE as a supplemental claim and now it's in limbo

    First time posting here. Up until now I've been able to navigate the system on my own for the most part. Had an attorney for a while and that didn't work out so I'm on my own and need a voice of opinion rather than reading something from a few months ago. I apologize if this becomes a long read. I enlisted in the Marines in 1995 for four years during which I re-enlisted for another four years. I completed my first contract without any issues however that wasn't the case with my second period of enlistment. Six months into my second enlistment I was discharged with an OTH in 1999. While processing out, a representative from the San Diego VBA showed up to meet with all…

    Asked by MoDiggler, April 11, 2023

    • cue claim
    • due process.
    • supplement claim
    • vba
    0 votes
    10 answers
12. What has the Supreme Court said about (CUE) Clear and Unmistakable Error

    The case in question is: George v. McDonough Oral Argument The Supreme Court heard oral argument in George v. McDonough, a case concerning veterans denied disability benefits and the appeals process. Under federal law, veterans are entitled to benefits under federal law for injuries or disabilities resulting from their service, including pre-existing conditions aggravated during service. In 1975, Kevin George was diagnosed with paranoid schizophrenia just months after enlisting as a Marine. He received a medical discharge and filed for disability benefits through the VA. He was denied after a medical panel ruled his condition existed prior to joining the milit…

    Asked by Tbird, May 2, 2022

    • cue
    • supreme court
    0 votes
    19 answers
13. CAPD CUE review

    below is my personal statement for my hearing loss. i beleive this might be a CUE and have outlined in my statement why i belive that. if anyone has any input on this i greatly appreciate your help! please if you have any follow up questions regarding my denials etc let me know tahnks again in advance PERSONAL STATEMENT: I started having these symptoms after the IED explosion I was involved in while serving in Iraq, which I suffered a mTBI (please refer to the provided personal statement regarding the event). Before the event, I was a good student in school, usually getting A’-B’s, and never presented or was diagnosed with any attention-deficit/hyperactivit…

    Asked by blahsaysme2u, December 15, 2019

    • apd
    • auditory
    • auditory processing disorder
    • capd
    • hearing loss
    0 votes
    51 answers