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CUE Clear and Unmistakable Error
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685 questions in this forum
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CUE filed within appeal period and success
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CUE filed within appeal period and success
As I understand this a vet rep or girl in the rep office filed CUE against VA within the appellate period. The VA called it, I think, a Reconsideration. When VA makes a CUE that a claimant raises ( or their rep) they dont like to say they awarded the CUE. They have never stated that in any of my CUE awards...as far as I know. My SMC CUE award just acknowledged the 2 CUEs I had filed and then awarded them in my Nehmer decision. There is discussion here that CUEs cannot be filed in the appeal period and I have no need to try to argue with those statements.Some of us are doing that and finding out that YES- a CUE can be filed during the appeal period. My…
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VA Found/Approved a CUE, but Effective Date is Wrong
Hello All, Break down of my ratings over the years 2000 - 10% Degenerative Miniscus Bilateral & 10% Tinitus 2007 - Increase for knees from 10% to 20% due to VA mistake of ratings both knees together 2010 - 0% lower back, as a secondary to my knee problems 2011 - 20% lower back increase, due to evidence of range of motion and herniated discs, retroactive to 2010 (Once again VA did not review all the evidence) (40% rated) 2016 - 20% left knee, 20% right knee, 10% left leg sciatica, 10% right leg sciatica I am now 70% rated, still waiting for the SOC to be released (but there are still 6 claims that have not been completed) The letter from the VA sta…
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CUE
I received a determination letter stating that my husband's stomach issues and liver tenderness would not have been a symptom of HCV noting that these started prior to Viet Nam, where he was wounded. He totally messed up the dates. Injury occurred 05/70 symptoms started 07/70 - shown in his medical records. One medical examiner stated that his medical records did not show he received a transfusion. That's because there are no records from his time in the hospital in Saigon. Maybe I should restate that-those records were requested beginning 1999, again 2001 by my husband and by me in 2016. None were ever produced. Would either of these qualify for cue? …
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tdiu You think you have a CUE basis????
I was going to bump up the CUE criteria here but there is a lot of info already and all one has to do is read it all. Also there are successful CUEs here as well like this one: Mega retro but there are 53 replies and many pages....still it shows what a CUE is and how much retro a valid CUE can award. I guess it was never put into the CUE forum. 6 figure award...I think most of that retro was from the CUE claim ( or maybe all of it) We also have successful recent CUEs from Allan, SPO, my HBP CUe, my SMC CUE... and more winners ,as well as links to successful CUEs awarded at the BVA.
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SMC-2?
Was awarded an on-the-spot CUE and Perm IU back in January, during a formal review. Total percentage was 80%, with the largest single condition rated at 40%, a lower spine condition rated at 20%, with other smaller ratings. Also, if it means anything The issue of me needing help with such things as getting dressed, showering, help getting out of bed was raised by my rep; I also provided a sworn affidavit signed by my fiancé that she helps me with these issues. Reviewing officer didn't say one way or the other about awarding me SMC. Do I meet the requirements for ANY kind of SMC? Also, I have gotten responses to this question that have nothing to do wit…
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CUE process
When or where in the process of submitting or filing a "cue" in ebennefits do you designate the FDC as a "cue"?
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To VA Sec Re: CUE
If anyone is interested: This is part of my letter to VA Secretary David Shulkin I suggest that a Fast Letter be prepared to go to all VA Regional Offices and all Veterans Service Organizations, stating that: Upon receipt of any Regional Office decision that contains a valid and legal CUE (clear and unmistakable legal error) either due to a violation of the VCAA ( 5103 Waiver) ,thus a due process violation, that caused a CUE to occur in the decision, or due to the wrong diagnostic code on the rating sheet or due to any failure to consider probative evidence the claimant has supplied to them, or any other legal error that was detrimental to the claimant, t…
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New member CUE Help
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 le…
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ptsd Is this a CUE
I just read my cousin's VA medical records and discovered that in 2006, during a consultation, the clinical psychologist wrote, "...one could make a case for PTSD, but I was struck by his severe major depression. He reports vague hallucinations, which may be part of a schizoaffective disorder, but could be associated solely with a severe major depression with psychotic features." He also wrote, "While in the military, he did experience a trauma in seeing a fellow soldier underneath the tires of a truck, although this individual did apparently recover. He noted continued bad dreams about this." Prior to the psychologist's assessment, under sym…
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CUE and Duty to Assist violations
I mentioned this before but just to clarify..... If you find that VA has ignored your probative evidence, that is a violation of 38 CFR 4.6. If they send you a 5103 waiver and you again list and enclose the evidence with the 5103 waiver,because you probably sent it in with your claim anyhow but just in case, and even if a RO employee verifies that have that evidence, and yet they still ignore it, that is a CUE, under 38 CFR 4.6. You cannot file CUE on the actual Duty to Assist policy.You can file CUE on their Violation of that policy,if you can apply 38 CFR 4.6 to your CUE. I just filed 4 CUEs with the Director via email. And am still awaiting IRIS co…
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CUE claims - a TIP
Since the President has promised Accountability from the VA,that accountability should cover every aspect of the VA...health care as well as our claims. I am filing another CUE claim and have been reviewing my October 2015 award letter many times,specifically the Evidence List and the 5103 waiver and the 13 pieces of evidence they completely ignored.I could not understand why the director of my RO insisted that my award was correct and they had paid the full amount...but that the veteran was NOT 100% P & T under 1151.....an error that caused my appeal, but more importantly it was due to a 38 CFR 4.6 violation . 13 pierces of evidence and even if they …
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