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CUE Clear and Unmistakable Error

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  1. Deleted by author

    Asked by Dustoff1970,

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  2. EED for PTSD

    Asked by LAILA13,

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  3. SMC K CUE finally cured

    Asked by FormerMember,

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  4. Perennial SMC CUEs

    Asked by FormerMember,

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  5. recent CUEs granted by BVA -

    Asked by Berta,

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684 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,

    0 votes
    1 answer

  2. 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,

    0 votes
    7 answers

  3. 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,

    0 votes
    0 answers

  4. 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,

    0 votes
    3 answers

  5. Deleted by author

    Delete

    Asked by Dustoff1970,

    0 votes
    0 answers

  6. 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,

    0 votes
    20 answers

  7. 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,

    0 votes
    10 answers

  8. 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,

    0 votes
    19 answers

  9. 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,

    0 votes
    51 answers

  10. C&P for Scar

    I am currently 100% via TDIU and I think.... 94% scheduler (if my VA math is correct?). I ask my VSO to submit a claim for painful scar from a IHD CABG at San Francisco VAMC, for which I was unaware of until a few years ago. My most recent C&P was an increase for hearing from 0% to 10%.... That brought me to 94%, dame, to bad it didn't hit 95% @$#% Current Service connected: 70% MDD, 60% IHD, 30% Hearing Loss, 10% Tinnitus, 10% DMII Awarded TDIU 100% Permanent This morning I had the C&P for Scar and he wrote it up as 'painful'. He also said my last C&P was in 2013 and they should have listed this back then. Although this is the only claim for 'painf…

    Asked by x020574,

    0 votes
    8 answers

  11. EED CUE? or NOD supplemental? or *?*?*?*?*?

    so............... I WON MY CLAIM! sorry i had to get that out one more time. i am now 100% p&t. but my eed is december 2019 instead of the original claim date. i am trying to figure out what i need to do. should i file cue? should i just file a supplemental and ask for correction without cue? should i do something i am not even thinking of that you guys know better? reason i think cue is because in my letter, the judge specially says my original claim was 2013 and dx was 2008. it seems the vro clearly ignored this. also, they didnt even use the latest appeal date. i reopened the original 2008 claim back in 2013, but was denied and…

    Asked by blahsaysme2u,

    0 votes
    96 answers

  12. Claim denial and cue help

    Good morning need some help with trying to figure out whether or not there is a Cue in original claim my husband filed. claim was started 2013 June was when it was submitted decision April 2014. 2013, April seen for headaches imaging done. June 2013 separation physical states H/o headaches and medication prescribed for headaches. actual separation July 6,2013. Right after returning home within a week, was seen by new primary care VA doctor and ongoing for the duration of claim was seen multiple times for headaches and medication. VA claim for headaches was denied reason stating.; although there is a record of treatment in service for migraine headach…

    Asked by disascottc,

    0 votes
    29 answers

  13. EED for PTSD

    I was diagnosed with PTSD in 2015 awared service connection in 2018. Ist claim put in forestall health ie PTSD was denied in 2004 and 2012 at time did not have diagnosis of PTSD I was misdiagnosed by the VA can I use a cue to get claim reopened back to 2004?

    Asked by LAILA13,

    0 votes
    0 answers

  14. RE;What VA Form should I use to file a QUE Claim

    Ok so I am fixing to file a QUE claim today for an Earlier Effective Date because when the VA decided my PTSD / MST claim only went back to my filing of . What I need to know is what form do I need to use. I am with in the time period of a year to request a Higher Level Review VA-20-0996. Or Request for a Supplemental Claim VBA-20-0995. Or use a VBA-21-10210-ARE-Lay-Witness Statement or VBA-21-4138-ARE-STATEMENT IN SUPPORT OF CLAIM. I have read the CUE Forum extensively and made notes. I plain on using Charly’s and Berta’s letter examples.

    Asked by Rattler,

    0 votes
    7 answers

  15. CUE for back & neck

    I believe I may be eligible for a CUE based on the decision maker overlooked material facts of record or the decision maker failed to follow a procedural directive that involved a substantive rule (a rule that regulates a right). I originally applied for benefits in 2008. However, fresh out of the Navy and into a new job, I did not have time off I could take. So I missed my appointment. I tried to call and reschedule but could not find the information to do that. The claim was denied and closed. In 2017 I tried again as my pain was getting worse and starting to affect me on a daily basis. They stated I missed my appointment in 2008, so they did not reschedule me and my cl…

    Asked by VanillaXtract,

    0 votes
    8 answers

  16. SMC K for loss of use of one eye

    I presently have an active claim where I am argueing that I should be awarded a K award for loss of use of my left eye. I will try to explain the case, in as few words as possible. In 2008, I had surgery for removal of a cataract in my left eye that was caused by use of steriods for my service connect lung condition. The surgery when bad, and the replacement lens (IOL) was placed too close to the iris. Because of the positioniong of the lens, it rubed upon the iris, causing intermittent periods of loss of sight due to spikes in the eye pressure. I was diagnosed with pigmentary dispersion syndrome and pigmentary gloucoma. The pressure spikes continued for years, I wou…

    Asked by Richard1954,

    1 vote
    2 answers

  17. Supreme Court hearing CUE issue

    Interesting case with arguments heard this morning: George v. McDonough is a case involving when a veteran has the legal right to appeal after the U.S. Department of Veterans Affairs (VA) denies a disability benefits claim. Veterans have the right to challenge final VA decisions if the agency makes a "clear and unmistakable error" (CUE). This case is about whether CUE occurred when the VA relied on later-overturned regulations to deny a disability claim.[1] The case is scheduled for argument before the Supreme Court of the United States on April 19, 2022, during the court's October 2021-2022 term.

    Asked by 8th&IMarine,

    0 votes
    10 answers

  18. Are "nervousness problems" and "emotional problems" the same?

    Hi everyone, I have a question and want to hear from you guys. I just find out that the VA RO indicated the rating decision by replacing the word "nervousness problems" in the evidence with "emotional problems". I think this is invalid because it could change the outcome of my claim that the VA RO denied. Any comment and suggestion would be appreciated. Thanks.

    Asked by Mituna 2483,

    0 votes
    9 answers

  19. Newbie request to review CUE write up

    I am brand new to this group and been researching CUE and found this group today. An old post suggested that anyone considering a CUE post their write up here to receive critiques and suggestions from experience members of the forum. So here goes: I trust you will be brutally honest, it is my understanding that this is a one shot deal and if I do a poor job I cannot try again. To: Department of Veterans Affairs Subj: Motion for Review for Clear and Unmistakable Error ICO <my name> I <my name> the claimant in VA File Number <my file number> Rating Decision dated 12 August 2014, move, pro se, that the VA made…

    Asked by Texas-NativeATX,

    0 votes
    8 answers

  20. CUE GOES TO SUPREME COURT OF THE UNITED STATES, GEORGE v. McDONOUGH

    The Supreme Court of the US heard oral augment in GEORGE v. McDONOUGH. The basics of this case the VA is trying to take the teeth out of CUE Errors and lesson there effect. Below in the link to the audio of the oral augments. I you are intreasted in VA CUE errors its worth a look. Its over on hour so its a little long. Note this case has not been decided by the court yet. CUE Goes to SUPREME COURT OF THE UNITED STATES, GEORGE v. McDONOUGH SUPREME COURT OF THE UNITED STATES, GEORGE v. McDONOUGH, SECRETARY OF VETERANS AFFAIRS - 21-234_bq7c.pdf

    Asked by Rattler,

    0 votes
    1 answer

  21. Would this be a CUE

    I have a question according to M21-1, Part IV, Subpart i, Chapter 3, Section A - General Criteria for Sufficiency of Examination Reports the examiner has to be done by one of the below. Mine was done by a Licensed Profession Counselor. Is that cause for CUE? The Dr. stepped in at the very beginning and said he was "mentoring" her, he again stepped in at the end and asked if I had questions. That is all I saw of him. board-certified or board-eligible psychiatrists licensed doctorate-level psychologists, or the following other mental health professionals, under the close supervision of a board-certified or board-eligible psychiatrist or licensed doctorat…

    Asked by AF SP,

    0 votes
    2 answers

  22. Retro Pay for CUE?

    BLUF: Will I get paid retroactive pay for a CUE for a retroactive 10% increase? I retired from the Army on 30 September 2016 and filed claim right away. The VA gave me 0% Service Connected for degenerative arthritis of the thoracolumbar spine. I thought that was messed up but thought nothing of it. Fast forward to February 2022 and I receive a DL from the VA saying that "a clear and unmistakable error is found in the evaluation of degenerative arthritis of the thoracolumbar spine and a retroactive increased evaluation to 10 percent disabling is established from October 1, 2016." The DL goes on to say that the rating decision dated December 1, 2016 incorrectly…

    Asked by mtneer92,

    0 votes
    2 answers

  23. Help With Denied Cue

    Hello All I am new to this forum and I'm hoping to get advice on resubmitting my claim for CUE and asking for HLR. I received a denial of CUE from the RO last month and I'm not sure how to proceed. I found this page AFTER denial. As of now, I plan to resubmit. Here is what happened. Rating decision from May 2006 states "Service connection for headaches is denied because this medical evidence of record fails to show that this disability has been clinically diagnosed." Your service medical records how you reported for headaches in September 1988 after being involved in a traffic accident, again in March 2001 and February 2003. VA examination noted headache…

    Asked by DIDURAE,

    0 votes
    4 answers

  24. Filing a CUE concurrent to a new claim of the same?

    Is it possible, or advisable, to file a CUE for a decision that excluded TDIU consideration, while concurrently having a new claim filed for TDIU? I should have filed a CUE, given the success of a case posted here by the member named Dustoff 11, (posted Tuesday at 10:26 AM): Some back story here: I filed my original claims in 2016, for which I was granted 80% combined. My attorney included "failed to consider TDIU" on our NOD following that decision of 80%. Yet again, the response to my NOD from the VA made no mention of TDIU. Fast forward to January 2022, I filed the TDIU request form, VA Form 21-8940, the official VA form t…

    Asked by Rivet62,

    0 votes
    4 answers

  25. Two Separate CUE Claims

    Found this doing my homework and in my searching. The Veteran has perfected an appeal on the discrete of issue of whether there was CUE in the August 2004 rating decision that established an effective date of January 24, 2001, for the award of a TDIU, based on the distinct CUE challenge that VA had failed to apply 38 C.F.R. § 4.16(b) to determine whether an extra-schedular TDIU was warranted. Specifically, the Veteran alleges that VA committed error in the August 2004 rating decision by failing to refer for consideration by the Director of Compensation and Pension a claim for an extra-schedular TDIU. He argues, in essence, that the August 2004 rating decisio…

    Asked by pacmanx1,

    0 votes
    4 answers
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