CUE Clear and Unmistakable Error

686 questions in this forum

1. Clueless On Cue

   I was trying to get an understanding on how CUE claims work. The information that I am reading is a bit overwhelming and confusing to me. I have a couple of questions to help me understand CUE. 1. How can I find out if this type of claim is best for me? 2. When can I file CUE? 3. If there a certain form that I would need to file? I am not sure where to begin but any information would be grateful ?

   Asked by demeat, April 16, 2012

   0 votes
   7 answers
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3. Is This A Cue?

   Any advise on this matter would be greatly appreciated: I am service connected at 30% for right ankle sprain. I had a permanent profile while in service that excluded running, jumping, standing for long periods of time and any other thing that would effect my ankle. I had to attend physical therapy up until I was discharged. I was discharged in October 2003, a few months later, maybe (3-4) I filed a disability claim for my ankle. I was homeless around that time and was never notified of a C&P exam, however in my records I saw that an exam was in deed scheduled. In my claims file its noted that I was denied benefits and notified of the decision on 5-02-2004. Record…

   Asked by Trooper83, May 31, 2012

   • cue claims
   0 votes
   4 answers
4. Cue Or Not To Cue

   If anyone see's Berta please send her my way. I know she will direct me in the right direction. Well here is the deal. I was medically boarded off of active duty for an accident that was well documented actually I was even transfered not quit cleared and sent to the VA for evaluation and treatment. Within my presumptive period after the medical board/disharge I filed numerous claims all at once for numerous symptoms/injuries. Most was given o% or denied and few were given very low percentages like for my foot/hip/uterus/pelvic etc. That was then back in 98. The thing that bothers me to this day is that I think a mistake was really made on the neck and back claim. Today I …

   Asked by Michellee, March 24, 2011

   0 votes
   45 answers
5. Cue Caught By Regional Office

   I got a letter from Togus Office (Maine) stating "it is proposed to sever service connection for bilateral hearing loss due to a clear and unmistakeable error." I was SC in April 2012 with back pay to April 2010, Tinnitus was deffered. I was issued hearing aides in OCT 2011 by VHA. I don't want to write the whole story down as it is LONG, but basically they are saying: There are no audiometric findings in your service treatment records that meet the requirements of 38 CFR 3.385. The VA examiner stated that tests done at entrance and separation deny any shift in hearing. Hearing loss due to noise exposure is non-progressive.(?) There is no medical link between your loss…

   Asked by lugnut, May 14, 2012

   0 votes
   2 answers
6. Cue At The Court Again

   My CUE is back at the Court again under John T. King. There are two of my cases listed there. I just got some senior VA appeals lawyer named to represent the VA. This is because my CUE was denied and not dismissed last time because my case was a CUE but the VA maintained it did not make any difference even though the difference is between a 10% rating and 100% rating in our brief. Anyone can go look it up at the Court site. It shows just how hard some of the CUE claims with much retro can be to win.

   Asked by john999, May 10, 2012

   0 votes
   3 answers
7. Mishandle Service Medical Records At Va

   Has anyone on this site or know of someone that had their claim awarded in accordance with Secretary Peake's Mishandled claim Fast Letter 08-41 based on missing service medical records that were in the possession of the VA, but subsequent misplaced or lost? In my case, I submitted three pieces of evidence documenation to the Department of Veterans Affairs that state that my SMRs were sent to their agency in 2007. The VA denied my claim in 2008 stating that service medical records were not available for review, therefore their is no proof of in service incurrence of my current claimed condition. Just before the Novemeber 2009 deadline for submitting mishandled doc…

   Asked by add55p, May 5, 2012

   0 votes
   21 answers
8. lumbosacral Is This Cue

   My father's application for compensation or pension (form 21-526) dated June, 1978 lists the following under nature and history of disabilities. "Heart condition developed while in service in Korea has been evident ever since, causing me considerable trouble, shortness of breath, easy fatigue, chest pains, migrane headaches and nervousness. Left knee and back injury-on the job, Aug, 1969." Report of medical examination for disability evaluation (form 21-2545) dated August, 1978 again lists the following under sec. b-medical history since latest va exam. as related by person examined. "Heart condition developed while in service 1953-1954 while stationed in korea. Sinc…

   Asked by handyman, April 29, 2012

   0 votes
   9 answers
9. Is A Dro Decision And Appeal Decision.

   i ask this because bva has made and error on my cue claim. if i never had did the cue of my first rating from services 1993. i would have never been told my claim were still in appeal status since than. i did the cue 2008. made it to bva told ro never cretify my appeal to the board in 1993.and they are still pending and there has never been and appeal decision made on these claims. i do have a problem tho during these pending appeals the dro granted 60% and iu effective the dated i put in papers 2001 and in bold letter say this is a full granted of all current appeal issues. so i ask is this not a appeal decision that was made by the dro. i have …

   Asked by Mr cue, March 19, 2012

   0 votes
   6 answers
10. 40 Years Retro Cuecue Award Back To 1972 “Conclusions Of Law 1. There Was Cue In The May 1972 Ro Decision In That It Did Not Grant Service Connec

    CUE award back to 1972 “CONCLUSIONS OF LAW 1. There was CUE in the May 1972 RO decision in that it did not grant service connection and a separate rating for neuropathy of the right foot. 38 U.S.C.A. § 5109A (West 2002); 38 C.F.R. § 3.105 (2011). 2. An effective date of January 25, 1972 is assigned for the grant of service connection for right foot neuropathy. 38 U.S.C.A. § 5109A; 38 C.F.R. § 3.105(a). 3. There was no CUE in that part of the May 1972 RO decision that assigned a 10 percent rating for a SFW to the right calf with RFB involving injury to MG XI. 38 U.S.C.A. § 5109A (West 2002); 38 C.F.R. § 3.105 (2011). 4. There was no CUE in the May 1972 RO de…

    Asked by Berta, March 16, 2012

    0 votes
    1 answer
11. Not Sure If I Should Do A Cue

    hi i filed a claim for sinusitus back in 2003 i was denied for no medical evidence. i reopened the claim 2012. at my c&p the examiner put down it was noted from my c-file i was diagnosed with sinusitus if i receive a rating now should i do a cue for retro back to 2003.

    Asked by ron68, March 14, 2012

    0 votes
    1 answer
12. Cue For Graves Disease Hyperthyroidism-Hypothroidism

    I put in a claim for Graves disease (Hyperthyroidism) which my medical records clearly stated I had, but I was granted SC for (Hypothyroidism) at 10%. The symptoms/issues are totally opposite of each other so I dont see how i can get a rating of 10% and I know that my rating would be higher as per the rating schedule for hyperthyroidism. ***I did take a radioactive pill for treatment so now I am hypo and have to take synthroid*** I really wish I would have paid more attention and taken care of this before the appeal window closed.

    Asked by goldenchild7801, March 14, 2012

    0 votes
    3 answers
13. Cue Law

    In an attempt to revise a prior decision, I find no one (even the BVA) willing to go out on a limb and definitively answer this question. In 1992, BVA boards were panels of three. There were twenty of them and until 1995, all decisions were by panel rather than single judge. My Motion for Revision is coming up and I suspect a single judge is going to decide it even though the 92 decision was done with the aforementioned panel (although one was missing). The question is simple. Can a sitting VL Judge (one) overturn a 92 panel decision of three? Now, before you cite to 38 CFR § 19.11(b), think it through. § 19.11(b) deals with Motions for Reconsideration, not Motions to R…

    Asked by 1/506, August 29, 2012

    0 votes
    9 answers