Ask Your VA Claims Questions | Read Current Posts
Read Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | 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
-
hypertension Is This A Cue Error On The Ro's Desision After Bva Appeal
I was assigned a 100% service connected rating on 09/02/80 effective date 04/08/1980 (LAW PROVIDES THAT SERVICE-CONNECTED AWARD PAYMENT IS RETROACTIVE DATE OF SEPARATION PROVIDED CLAIM IS FILED WITHIN ONE YEAR OF DATE OF SEPARATION) a. My date of seperation from the USCG was "08/04/1979" b. I have the "ORIGINAL COPY" of DISABILITY COMPENSATION AWARD "VA FORM 21-6782" in which paragraph 1 states: 1. "This award has been made to you for the following SERVICE-CONNECTED award has been made to you for the following Service-Connected Condition(s) with a combined evaluation of 100%. This combined rating is not arrived at by adding the p…
0 votes5 answers -
Another Question And Observation On My Cue Claim
Cue questions tucked away in it's own little space doesn't seem to get the imput as it did when it was on the open forum page, but here goes another question and observation in my ongoing CUE Claim I am trying to develope and meet all the requirements of CUE. (1) I did have a SCable condition while in service, rated by the military at the time of discharge to be 0%, even though the residual effects at the time represented at least 10% disableing. (2) The military rated the condition as being in remission with a specific IDC (DC) 2954, which translated to a DSM (DC) 9205, which is a diagnosis of schizoaffective disorder. Definition Schizoaffective disorder …
0 votes8 answers -
Inadequate Reason & Basis
Can you CUE a claim that was denied where by the VA Rater gave an inadequate reason or bases for its decision? Where by the VA Rater failed to adequately discuss evidence in favor of the claim. Rockhound Rider :D
0 votes5 answers -
Clear And Unmistakable Error
I hope this information is helpful (a) General. Clear and unmistakable error is a very specific and rare kind of error. It is the kind of error, of fact or of law, that when called to the attention of later reviewers compels the conclusion, to which reasonable minds could not differ, that the result would have been manifestly different but for the error. Generally, either the correct facts as they were known at the time were not before the Board, or the statutory and regulatory provisions extant at the time were incorrectly applied. (:P Record To Be Reviewed. (1) General review for clear and unmistakable error in a prior Board dec…
0 votes9 answers -
Some Court & Bva Cue's And A Revision For Research
http://www.warms.vba.va.gov/Cova/DADS/93DADS/CHISEM.doc http://www.va.gov/vetapp05/files1/0505032.txt http://www.va.gov/vetapp05/files1/0506205.txt http://www.va.gov/vetapp00/files3/0029491.txt http://www.va.gov/vetapp06/files3/0611534.txt http://www.va.gov/vetapp99/files4/9933357.txt http://www.va.gov/vetapp99/files1/9907132.txt http://www.va.gov/vetapp04/files3/0429423.txt http://www.va.gov/vetapp03/files/0319228.txt http://www.va.gov/vetapp05/files2/0507968.txt Hope this helps a vet, carlie
0 votes2 answers -
New Question On Cue
Berta: You stated in a another posting, "It might be a CUE in some cases- CUE:1. final VA or BVA decision 2. legal error in that decision (not DTA error or medical disagreement etc) 3. manifested alter outcome but for CUE (meaning the CUE cost the vet some retro)" My question is this: If I prove (1) & (2) of CUE and then show how the evidenc at the time demonstrated, that had it not been for the error, SC should have been awarded to at least 10%, then does that mean that number (3) requirement of CUE is met, showing that outcome would have been manifestly changed? Rockhound Rider a.k.a. Jim ;)
0 votes26 answers -
Cue Held Up By Appeal
VA presented me with a proposal on January 18th 2007 and I requested a hearing on January 25th 2007. I never received the hearing and my compensation was reduced from 80% to 60%. I found out that they made a terrible error (http://www.warms.vba.va.gov/admin21/m21_1/...2/ch02_secc.doc) and I should not have been reduced. Now, I have an appeal in with VA to prove to them that I had knee surgery to reattach my Quad tendons to my patellas (bi-lateral). My Doctor has already sent a letter by me that it is knee but when I got a copy of my C-file the letter was not there. My VSO is telling me that I should wait until the raters correct my knee issue. I do not believe that is …
0 votes48 answers -
Another Question About Cue
To warrant revision of a Board decision on the grounds of clear and unmistakable error, there must have been an error in the Board's adjudication of the appeal which, had it not been made, would have manifestly changed the outcome when it was made. If it is not absolutely clear that a different result would have ensued, the error complained of cannot be clear and unmistakable. 38 C.F.R. § 20.1403©. I find this portion of CUE very disturbing, the statement seems to broad in its scope to truly understand. To me, it would seem that even if you showed it was absolutely clear that their would have been a different result because of the error. Then you must…
0 votes4 answers -
Asking Dro To Cue On 38 Usc 5107 (b)
As stated I got a CUE granted on a decision under violation of 38 USC 5107 (a) in a few days- I was hoping the 5107 ( part was OK- it wasn't. My vet rep feels I have made a very strong argument here and then I realised he was unaware of additional evidence I have , which I am sending him, that may well get the decision CUED under 38 USC 5107 ( as well as (a). There regs are for US. If we do not use them to full advantage, VA gets what they want and we don't. I sure didnt need all of this as I started school again- My time is critically limited but for the first time in two and a half years my claims are close to resolve! 5107 ( is Benefit of Doubt and I h…
0 votes2 answers -
Cue Original Claim
This has been read 68 times maybe I didn't explain it right. I filed my original claim in 1989. It was stated that the only records available was my induction physical. My claim for an ankle and bilateral knee disorder was denied based on "sound medical principles". My induction physical does not list any ankle injury or knee injuries. I got out of the military in 1989 and did not have an exit physical. I believe this constitutes CUE based on the presumption of soundness rule. Please advise me if I am going in the right direction with this.
0 votes8 answers -
Grave Procedural Error
I can't find this topic- I clicked on email from hadit to take me to a reply and then had numerous problems with my PC-dont know why- I lost the topic- Hayre V West - 188 F 3rd 1327 Fed Cir . Hayre was a claimant who had argued Grave Procedual Error in lieu of CUE- -this case was overturned by the Fed Circuit Court in Cook V. Principi- and also Tetro V Principi It is all at the old hadit -we had quite a discussion as I recall-
0 votes8 answers -
Some Cue Info
Yes I know this is just cut & paste, but my question is - Is this info still current or has anything in this OPGC been changed since 1995, also it may help another vet. Thanks, carlie Date: May 10, 1995 VAOPGCPREC 12-95 From: General Counsel (022) Subj: Clear and Unmistakable Error -- Constructive Notice of VA Medical Records To: Under Secretary for Benefits (20) QUESTIONS PRESENTED: a. Under the constructive-notice rule of Bell v. Derwinski, 2 Vet. App. 611 (1992), may the failure of an agency of origi¬nal jurisdiction (AOJ) to consider pertinent Department of Veterans Affairs (VA) medical records in exis…
0 votes0 answers