Read Disability Claims Articles
View All Forums | Chats and Other Events | Donate | Blogs | New Users | Search | Rules
CUE Clear and Unmistakable Error
Explore Questions
There are no popular questions to show right now
-
0 votes0 answers
-
0 votes0 answers
-
0 votes0 answers
-
0 votes0 answers
-
0 votes0 answers
686 questions in this forum
-
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…
0 votes8 answers -
-
-
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…
0 votes96 answers -
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…
0 votes29 answers -
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?
0 votes0 answers -
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.
0 votes7 answers -
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…
0 votes8 answers -
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…
1 vote2 answers -
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.
0 votes10 answers -
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.
0 votes9 answers -
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…
0 votes8 answers -
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
0 votes1 answer -
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…
0 votes2 answers
-
Who's Online (See full list)
-
- Read without registering.
- Register to Post A Question.
- Find Answers Fast - Search
Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on. Use paragraphs instead of one massive, rambling introduction or story.
Again – Make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
How To Post
Post a clear title like
‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question."
This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
Note:
Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
