CUE Clear and Unmistakable Error

686 questions in this forum

1. degenerative arthritis Cue For Eed For Low Back Disabilities

   Ok, here is the second part of my CUE Claim. I tried to tell them over the phone but they didn't get a whole lot correct. I figured I'd tackle this at a latter date but with them calling, I felt at the time to go ahead and do it. Berta, it seems that some of what you covered in your link may well apply here as they never used my IMO showing Arthritis within a few months of being discharged. Berta, You may have already seen some of this. Tell me what Y'all think. Greatfully Bill. BENEFITS SOUGHT: RECONSIDERATION OF APR 7, 2015 VARO DECISION A disability rating of 10 percent for a low back disability granted for the period from November 13, 1995 to …

   Asked by elcamino_77us, April 26, 2015

   0 votes
   6 answers
2. • 
   • 
   • 
3. Who Decides A Cue?

   I have a nod for claim. I elected dro review. I want to add a que on effective date. If add cue can the cue be decided by dro?

   Asked by knap-sack, April 17, 2015

   0 votes
   8 answers
4. The Infamous "whisper Test" On Separation From Active Duty.

   I got a full audiology hearing test during induction in 1969. Supposedly I received a "whisper test" to determine hearing loss at my 1970 discharge. I don't remember getting any "whisper test" at discharge. I think I would have remembered having a whisper test. I'm almost certain I didn't have a whisper test and this so called whisper test was the basis for denying my VA hearing loss disability claim in 1970. I think the "whisper test" wasn't performed on many veterans and the records were falsified to indicate a whisper test was administered....and it's a shame. Anyone got any information about challenging the exit whisper tests?

   Asked by tcannonsr, June 18, 2014

   • hearing tests
   0 votes
   35 answers
5. Cue

   I sent in a CUE and then a NOD for a EED for Tinnitus back to 1998. I have an open claim now and VA just incorporated it into my existing claim but listed it as reopened with an EED. I'm positive it got denied or will be denied. Once I get the denial can I submit the appropriate forms to bypass everyone one and go straight to BVA or which ever court is the highest? Do not feel like asking for a DRO hearing and waiting for years for the hearing to occur and possibly get denied again. I would rather just take it directly to the top and wait my turn in line behind everybody else. Have nothing but time on my hands anyway. I did not submit my NOD, etc in 1998 within the…

   Asked by saints13, April 13, 2015

   0 votes
   8 answers
6. Every Vet Please Read! Incorrect Recording Of Service Medical Records Left Vs. Right

   Has anyone ever dealt with their claims for disability being denied due to their medical records being recorded incorrectly? Left vs Right? I was injured in 1969 in my right leg in vietnam due to the recoil of a 105 howitzer by another soldier. An unfortunate accident. My leg was severely injured and fractured and was i hospitalized for almost three months. i healed up and was Released and honorably discharged. almost ten years after i returned home a sore formed on my right leg that began to hurt severly. it opened up began to bleed, ooze, throb, and only got worse and worse. my primary doctor said this open sore was due to my leg being severly tramatized sometime befo…

   Asked by VetDeniedSince1980s, March 10, 2015

   0 votes
   8 answers
7. Lost Cue At Federal Court

   After more than 8 years of appeals I lost my CUE appeal at the Federal Court yesterday. My lawyer did stick by me all those years. Perhaps if he knew more at the time he would have told me we would lose eventually. It was a long shot, but I learned a lot. I did learn that regardless of the reason if you do not file a NOD within one year of a decision no matter how bad it is, or how flawed you will lose 95% of the time. Even if the VA sends your decision to Outer Mongolia and you never get your appeal rights you will lose if you don't appeal in a timely way. For all you vets and spouses out there if you get a decision and it is not all you want file an appeal on time…

   Asked by john999, April 10, 2015

   0 votes
   15 answers
8. Important Update To This Older Thread

   ALL of that has changed. I have been successful at the CUE Yourself Tactic, but I dont know if Jay Johnson had ever tried to use it. There is still no regulation for doing this. but it is all explained here in many far more recent more recent posts. At time of above post I had to come back here as a guest and not a member because someone was making false statements about me.in our public forum here. I fixed them good in a court procedure halfway across the country many years ago ... my point is this tactic works if you follow the way I did here here ( many times) A RO decision can be CUed during the appeal process. I have one that was just sent to VA…

   Asked by Berta, March 13, 2015

   0 votes
   0 answers
9. Check In Person!

   I just want to urge anyone claiming a CUE to please check with your regional office in person if possible. I submitted a cue several months ago with no updates. It failed to appear on ebenefits, which apparently is the norm for a cue claim, and my IRIS inquiries often came back confused thinking I must be referring to a pending claim for increase. Even after talking on the phone to a representative it was obvious that they were confused as to what was going on. So, being proactive, I went it the regional office to inquire. They then pulled up my cue and showed me that it was stamped received and reviewed. The only problem is that no one had reviewed it! This took tw…

   Asked by paul554, March 4, 2015

   0 votes
   8 answers
10. Is A 10% Rating For Ventricular Arrhythmia With Aicd Cue?

    I am working with a friend and co-worker on what I believe is a CUE in a previous rating decision of 10% for ventricular arrhythmia with AICD. He was service connected for this disability via Agent Orange presumption in a June 2013 decision. The decision letter specifically notes "ventricular arrhythmia with AICD" however they indicate the 10% rating was based only on the use of "continuous medication", but also lists METS and Ejection Fractions. The text below my name is what I wrote for him. Am I correct in my belief that this a CUE? If so, they owe him retro back to the original claim date in 2012. Any and all opinions are welcome. Thanks, Dean…

    Asked by PintoRacer, March 1, 2015

    0 votes
    11 answers
11. Screw Up?

    So, I got my BBE in the mail two weeks ago. I was reading through it, and it makes no mention of my scoliosis in the paperwork. Not even a 0% rating. The doc made it a second diagnosis and it says in his the paperwork that it is service connected. How would I go about taking care of this?

    Asked by rmoreno, June 23, 2014

    0 votes
    10 answers
12. ptsd 100% Sc Ptsd Since 2009. Never Told About Smc S

    Hello all, As the title says I was 100% schedular from day one in 02/2009. I also have panic disorder with agoraphobia on my service connections. As you can tell I go nowhere and rarely do without an escort of some type. My question is: Do I file for this SMC S online and will I be eligible for a CUE because I was not told in paperwork that this benefit was available? Do I get retro? Any advice would be great. Thanks

    Asked by EthanAllen, February 18, 2015

    0 votes
    6 answers
13. ptsd I Could Use Some Help With This.

    WHAT I BELIEVE TO BE THE FACTS RELATING TO MY 2010 ISCHEMIC HEART DISEASE AND POST TRAUMATIC STRESS DISORDER CLAIMS. Reference 38 U.S.C. § 503, 38 U.S.C. § 5103, 38 U.S.C. § 5103A, 38 C.F.R. § 3.102, 38 C.F.R. § 3.103, 38 C.F.R. § 3.104, 38 C.F.R. § 3.151, 38 C.F.R. § 3.154, 38 C.F.R. § 3.155, 38 C.F.R. § 3.156, 38 C.F.R. § 3.157, 38 C.F.R. § 3.159, 38 C.F.R. § 3.307, 38 C.F.R. § 3.309, M21-1MR, Part IV, Subpart ii, Chapter 1, Section H I filed a claim for IHD and PTSD on 08-20-2010. The 08-20-2010 IHD claim has not been adjudicated. I believe this constitutes a C&UE as I have explained later in this document. The 08-20-2010 PTSD claim has not been ad…

    Asked by FirstOldOne, February 13, 2015

    0 votes
    17 answers