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CUE Clear and Unmistakable Error
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686 questions in this forum
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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…
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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…
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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…
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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…
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Filing a CUE based on denying lay evidence
Good day, I am building a case to file for Menieres Disease and I need a vertigo claim approved. In 2006 I filed for vertigo that began in non combat at Fort Leonard Wood in 2002, I have many documents stating the diagnosis was vertigo. It got worse in 2003 after two TBI events in Iraq. After Iraq I sought treatment and was diagnosed with PTSD with panic attacks. During the 2006 C&P the doctor claims I stated that it feels like the vertigo attacks come while I'm having a panic attack. I doubt I said this, but whatever. Also the vertigo started a year before I went to Iraq, so they should not be conflated. So the VA denied my claim for verti…
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NOD Appeal Honored Almost 20 Years Later
Good evening all - In 2003 I submitted a notice of disagreement (NOD) for several claims that were denied, of which one was Chronic Sinusitis (Environmental Hazard Gulf War). Following new legislation for burnpits I was granted 10% for Chronic Sinusitis and received retroactive pay. In addition to my VA letter for Chronic Sinusitis the VA sent me another letter for a rating increase PTSD retroactive 2004. I guess while they were reviewing my file they came across an error. The retroactive pay was a very nice surprise. Here is the Reason for Decision "On May 2004, we received your claim for service connection of post traumatic stress disorder. The rating da…
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How To Write A CUE Claim Without Even Meaning To
I wrote the title tongue in cheek but the subject is serious. My local RO turned my supplemental claim into a CUE claim. How is this possible? I was appealing a Higher-Level Review decision with a Supplemental Claim. Yes, I'm looking for legal representation. I'm just so baffled about the whole thing.
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Would this fly as a CUE Claim
In 2002 my back claim was denied by the VA. The reason for the denial was that even though I was seen for back complaints (9 times) There is no diagnosis of a chronic disability. Here is why I think this could very well be a CUE Claim. The determination of no diagnosis of a chronic disability was may by someone unqualified (VARO or Reviewer) to make that determination. There is no documentation from a single medical professional in relation to this claim concerning my medical history. I have seen some case law on this such as Sokowski v. Derwinski that states "Remand was required of the veteran’s claim for service connection for actinic keratoses given that m…
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Do I Have A CUE Claim?
I had no note of any issues with my back upon entrance nor any prior medical records of any kind. I worked as an aircraft structural technician for almost five years. I'm a woman and weighed around 115 lbs at the time. We carried 70 lb tool boxes routinely. There is a note in my service medical records of my going to the ER or doctor with a complaint of a back injury that mentions that I felt it was caused by carrying a 70 lb tool box. I was told to wear a brace and they probably gave me something for the pain (I don't remember the details but it's in my claims file). It was the only incident mentioned during service but I've had chronic issues with my back sinc…
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SMC K CUE finally cured
When you play VA SMC poker, never leave any money on the table. I know this is chump change but my client might feel different. Win or Die. redact BVA SMC K win 1.6.22.pdf
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Retro Pay Denied
In March of 2020 I filed a claim for increased disability compensation awarded in 2016 of 10% tinnitus, 30% bilateral hearing loss, total 40% rating. My 2020 claim was based on a continually worsening condition with my hearing over the past four years since my original claim. I also included a claim for Meniere’s disease, asking for 100% P&T. This was based on my deteriorating health going back over three years for which I received regular care from the VA, and was originally diagnosed through the VA in 2011. In July of 2020 I was awarded an increase to 50% bilateral hearing loss, 10% tinnitus and 10% for Meniere’s. This totaled to 70% but through the magic of go…
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ptsd How My Cue Succeeded
This might help any veteran or widow if the VA made a clear and Unmistakable Error regarding a SMC issue in a final VA decision. If the VA had enough documented and established medical evidence to warrant SMC consideration ( to include a prior established 100% SC award) and then an additional and separate SC disability of at least 60% was established ,but VA failed to infer and consider SMC, that means the VA committed a clear and unmistakable error. Special Monthly Compensation is established by a statute and as a benefit it is mandated to be inferred and decided on whenever the established medical evidence warrants it to be. 38 USC 1114. I filed CUE on a final …
0 votes17 answers