Click To Ask Your VA Claims Questions | Click To Read Current Posts
Read Disability Claims Articles View All Forums | 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
-
NO CUE FOR YOU, OR YOU, OR YOU
When I first heard of the AMA Reviews, I thought the VA was trying to get around paying large back pay CUE/EED Claims. I knew it, I knew it. Can someone please help my brain out and tell me that I am wrong? It appears that a veteran should not file an EED/CUE claim with a supplemental or a supplemental form requesting an EED or a rating percentage beyond one year because these regulations are against the claim. It appears that the VA is trying to get around paying veterans CUE/EED awards that has a potential large retro payment. Example: Veteran was rated and denied claim for service-connection on January 1, 1990, but veteran finally found copies of records June 15…
0 votes29 answers -
Sleep Apnea CUE & Appeal
Hello Everyone, I have looked for guidance online pertaining to my unique situation for quite a while and I could not find any useful information, so I thought I would post it here after discovering this amazing website and after seeing so many knowledgeable individuals in these forums helping others. I truly apologize if I am giving more information than what is needed. I'll preface this by saying that I was not seen during my time in service for Sleep Apnea directly, but had developed the symptoms during my service, and was not even aware of the condition myself. I was hesitant to file for something that I was not seen for, but because of the insistence of my …
0 votes4 answers -
cue Does this paragraph from my rating code sheet mean VA granted my CUE?
Hi everyone, I would like to know if this paragraph means VA granted my CUE for my right knee that it was denied in 1975. Thanks for reading.
0 votes20 answers -
Adverse Presumption Rule When Claim Evidenc Is Lost By Va
Does anyone know of a Board or Court decision where a Veteran was awarded a claim due to the Adverse Presumption rule. This rule as I understand it, is almost like the Constructive notice rule (discovered that evidence was at VA but not considered). The Adverse Presumption rule, I believe, hinges on the fact that VA made an error or because of that error, the evidence was known to have been in the VA's Possesion was lost and despite repeated, thorough seaches of the agency, was never located. I understand that without the evidence, the VA cannot determine if it would have awarded the claim or not. However, the fact that VA lost the evidence, almost assures that it …
0 votes4 answers -
Non Service connected 0% rating on initial claim at separation
When I discharged from active duty. I claimed shoulder pain in my 1st claim. The C&P Examiner stated I had arthralgia both shoulder on the exam. The rating decision said I was not service connected for shoulder pain. My question is if you have an examiner say you have bilateral arthralgia at 0% within 1 year of separating should that be service connected at 0%? Is this a CUE item or would I have to have a current diagnosis higher than 10%
0 votes2 answers -
Perennial SMC CUEs
I fought VA all the way to the BVA for this A&A win beginning in summer 2018. When it was returned for rating in February 2020, Houston RO screwed up the SMC entitlement and effective date. It's taken me since 2/25/2020 just to fix this SMC rating. VA purposefully attempted to misconstrue what it was we filed for like a Three Stooges comedy routine. On Wednesday, I sent an email in VBMS to Denis the Menace McDonough, USB Tom Murphy, the Nebraska Director, every Tom, Dick and Jane DRO, Coach and rater who had even touched it and told them they didn't know how to do their job. I explained what is written in this CUE in one-syllable words so they could understand. They d…
0 votes0 answers -
recent CUEs granted by BVA -
I periodically check the BVA for any successful CUE awards there-the BVA from 2020 up to mid 2021 has decided 4,373 CUE claims. Here are some winners I did not post here before. 1. "the Board finds that revision based on CUE is warranted and entitlement to an earlier effective date is warranted." ( retro from August 2008 back to November 1990 ) https://www.va.gov/vetapp21/files5/a21009922.txt ---------------------------------------------------------------------------- 2. ORDER The Veteran's October 2000 notice of disagreement (NOD) was neither timely nor valid as to a December 2000 rating decision that reduced the evaluation for low back strain wi…
0 votes0 answers -
Correcting Error
I recently had a HLR and when I checked it, it said that it was closed but now it's back open and it says they found an error. I wanted to find out does anyone know how long it takes to get results after they change your case to this status.
0 votes2 answers -
I like that old time C&UE
I like to lay punji pits for VA. Here, I found a failure to rate after doing a Blue Water Claim. Vet had filed for a slew of AO claims in 2002 under the SHAD criteria. He lost. I won most of it back to 2002 but VA lowballed him out of his concurrent receipt. So.... I filed a CUE for the MDD and EED. I got the CUE for the MDD but no dice on the EED. Off to the BVA and 28 days later he's now 80% from 2002. They owe him $411 K. Shoulda granted it when I filed and then the poor Vet wouldn't have to pay me 20%. I begged them to and they politely told me to F O & Die. Redact CUE RD 2-25-2021.pdf Redacted EED for MDD.pdf
0 votes3 answers -
Fabulous CUE award due to"pre existing condition" BS
https://www.va.gov/vetapp20/files6/20042814.txt In part- you have to read the whole thing----it is a Beauty, retro back to 1996!!!!!! "The Veteran’s allegation of CUE centers primarily upon whether the RO correctly applied the presumption of soundness provisions under 38 U.S.C. §§ 1111, 1132. The statute provides that the Veteran will be considered to have been in sound condition when examined, accepted and enrolled for service, except as to defects, infirmities, or disorders noted at entrance into service, or clear and unmistakable (obvious or manifest) evidence demonstrates that an injury or disease existed prior thereto and was not aggravated by such service.…
0 votes1 answer -
falsified records?
i just found some c&p exams from 2019; all of them say in person. i never attended these exams- specifically for my OSA, which i am now fighting EED for and was denied specifically bc per the descion letter, this exam! how do we fight this? how do i prove i wasnt there? this a CUE? could i win bc DO is idiot and checked wrong box?
0 votes6 answers -
I think I have CUE
We have had vets here who are really on the ball when they are sure a CUE has been committed by VA, in a past or new decision. We also have had vets here or their family members thinking they have basis for a CUE claim , but they cannot define the legal error VA might have committed, or worse yet, they have not read any info in this forum. The last issue I had tried to help with made it very clear to me that my explainions of why they did not have a CUE, went unheeded, as well and I told them how they would need to support a Valid CUE with evidence the VA had in their possession at time of alleged CUE. This involved 8 pages of 31 posts and another thread …
0 votes13 answers