CUE Clear and Unmistakable Error

686 questions in this forum

1. Cue Simplified Maybe

   I have posted much info here on my multiple CUE claims. Most of the stuff might be about my 1151 SMC CUE. I cant find my 2003 IHD CUE on my PC .It is there somewhere, I read it the other day in my C file, and basically it went like this: 'This is a claim under CUE, 38 USC, 5109A The Veterans Administration made a CUE (clear and Unmistakable error) on a decision I received on January 30th,1998. The VA had malpracticed on my husband, to include on his heart disease, as found within that award for 1151 DIC ( decision enclosed as Exhibit A, and I call you attention to "multiple deviations from a usual standard of care" The VA failed to give his ischemic heart d…

   Asked by Berta, February 16, 2015

   0 votes
   1 answer
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3. Recommendation For An Attorney To File Cue

   Hi all, Can anyone recommend a decent attorney to help me file a CUE claim? I separated the AF with proteinuria back in 1996, kidneys got worse and have been on meds since like 1999 for my kidneys. My original Disability claim was filed in 2008 and denied in early 2009. I did not file an appeal, because I didn't know what the heck i was doing. I have dug through the internet and this site and learned a lot, I requested my claim be re-opened in 2014 and was awarded 60% service connection for my kidneys in October or November. This is great for me, but I want to know if I have a claim for a CUE. While I have read up and tried to educate myself about the CUE proc…

   Asked by usaf1970, February 3, 2015

   0 votes
   9 answers
4. Would This Be Considered A Cue?

   I followed my VSO's advice in 2002 and didn't file a NOD, due to not wanting the VA to lower my ratings, as he suggested would happen. Fast forward to today and the 2 issues that were denied then were approved this last go around, 12 years later. If both issues, tinnitus and left knee, are considered to be a CUE then it would bump my old rating of 60% to 70% and the backpay would be greater than $40k. So, I'm very interested in finding out if I should file for a CUE or if the issue is dead in the water. This is the original decision letter for both issues.

   Asked by K9MAL, November 3, 2014

   0 votes
   33 answers
5. Earlier Effective Date ?

   The situation: After appeal using a lawyer, a compensation claim is remanded back to the RO by the CAVC and service connection was then finally granted by the RO but with an effective date inexplicably years after the original claim was filed. A NOD was not timely filed for the earlier effective date (EED). Question: 1) Is the wrong effective date a misapplication of law and hence a CUE? 2) Since the time for a NOD has run out, is there any remedy to obtaining an EED after that point? The only issue is for obtaining an earlier effective date back to the date the original claim was filed. Keeping this simple, isn't the VA supposed to use…

   Asked by militarynurse, March 11, 2014

   • cue
   • earlier effective date
   • eed
   • nod
   0 votes
   12 answers
6. Cue Retro Back To 39 Years

   The vet and his rep carefully went over the diagnostic codes for the 1975 decision. BVA awarded 2 additional 10%s and probably combined them all. dont know ...still a very nice victory for this vet. "THE ISSUE Whether there was clear and unmistakable error (CUE) in the August 8, 1975 rating decision for the evaluation of residuals of L2 compression fracture." "ORDER There was CUE in an August 8, 1975 rating decision which granted service connection for residuals of a fractured L2 vertebra, and assigned a 10 percent rating; a 10 percent rating based on limitation of motion or muscle spasm with an additional 10 percent rating based on deformity of a vertebral…

   Asked by Berta, June 16, 2014

   0 votes
   14 answers
7. 2 Cue Awards Bva

   ORDER As the June 1975 rating decision which denied service connection for a back condition contained CUE, it is reversed to reflect the grant of service connection for Scheuermann's disease of the dorsal spine with associated strain, effective August 1974. http://www.va.gov/vetapp14/Files6/1447118.txt ORDER An earlier effective date of December 4, 1995, is granted for the award of service connection for the low back disorder, based on CUE in the contemporaneous February 1996 rating decision earlier considering and denying the initial claim for this same disability. http://www.va.gov/vetapp14/Files5/1441073.txt Asknod emailed his readers that more 2014 BVA decisio…

   Asked by Berta, December 21, 2014

   0 votes
   0 answers
8. A Few Good People Still In Va

   I will try and be short. A friend who I help file some claims for upper back ,lower back ,hearing, and tinnitus and he gets call in for a C&P's. HE is a retired vet with 23 years the examiner find a lot of injuries that look old. He has been getting treatment while in service and with VA Atlanta with profiles for all while in service. They never told him anything was wrong with him while being treated in Atl nor could the examiner find any records. This examiner finds his records and also finds a claim that's been setting there since 2005 nothing been done ""but a claim was file"" anyway VA call Cue and awarded 40% back until 2005 when it was f…

   Asked by RUREADY, December 13, 2014

   • va finds cue
   0 votes
   4 answers
9. lumbosacral Cue For Inferred Tdiu Claim?

   I was rated as follows: 70% Generalized Anxiety Disorder 50% Sleep Apnea 10% Lumbosacral 10% Right ankle 90% Combined rating With my original claim, I submitted a Statement in Support of a Claim which detailed various instances of inappropriate acting out in the workplace. A follow up statement after my C&P clarified a comment I made in an earlier statement submitted with my claim that "I have been unemployed since 2010" -- pointing out that I am working about 20 hours weekly as an independent contractor for an online school. Working conditions and frequent breaks to lie down for pain relief (something you can do in a work-from-home environment) were des…

   Asked by Snake Eyes, May 9, 2014

   0 votes
   30 answers
10. Tinnitus/ Hearing Loss Possible Cue?

    I was denied back in 1998 by the VA for hearing loss/ Tinnitus. This is when I was discharged from Military so VA just looked over my records. I found on the Med Board Eval that it clearly stated Bilateral hearing Loss and Tinnitus but VA denied it. Then I was denied again in 2009. Well this time July 24th, 2014, I just got my letter and they awarded me Tinnitus 10% and % 0 Percent Right ear hearing Loss and no service connection and denial of left hearing Loss. In their statement it said " April 16th, 1998 the previous decision was clearly and unmistakably erroneous, service connection is established for tinnitus and rated at 10%" My question is how do I…

    Asked by saints13, July 27, 2014

    0 votes
    8 answers
11. ptsd How Do I Proceed

    I spoke with length to a 1-800 rep on Friday. According to her data and my recently received (10 Nov 13) Supplemental Statement of the Case, the Regional Office completely disregarded my request to review my skin condition. They did complete a review on my PTSD and increased that rating. However, after speaking with the phone rep my case will now go before the BVA and sit for 656 days...or she said I could file a CUE. I've attached documentation that the VA has received on numerous occasions regarding my case. I fully believe that clear medical evidence, case law, and the CFR supports my claim and the initial rating date. My question is how do I proceed from her…

    Asked by CKHodges, November 17, 2014

    0 votes
    10 answers
12. I Know This Is A Cue

    its clear that board or va made its on medical opinion by saying that my back could not be service connected.for a defect. and said it was the law, they claimed the xrays showed a defect,if you read the xray report,you'll see their interpretation is not supported by a clear reading.. even though there was no doctors opinion given at the time, it had to be their on medical opinion. when i read the report i say that there was no defect showned an anomaly is not a defect,nor is osteoarthritis. one of the links below is the xray document, and one is how the board or the va made it on opinion. 1985 did not say defect.txt

    Asked by mos1833, November 6, 2014

    0 votes
    7 answers
13. Cue Question

    Does the VA apply the same stringent definition to itself when using CUE to reduce an award? Specifically the requirement to use the records that existed at the time of the CUE or can they use new evidence from a recent exam under 3.105(e). I understand a new exam can be used to sever service connection under 3.105(d) if a doctor certifies the initial diagnosis was not correct. Any info helps. Thanks

    Asked by PintoRacer, July 29, 2014

    0 votes
    14 answers