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CUE Clear and Unmistakable Error
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686 questions in this forum
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CUE Decision
So, I checked VA.gov to see the status of my CUE. It indicated "appeal period pending final release of atty fees." (it gave the amount) and it was listed under "claim for comp and pen updated on 07/22." So underneath that one is another "claim for compensation" updated 07/22, when I view that, it doesn't indicate a decision was made or that a decision was sent. When I contacted the 800# they said they are sending a packet to me. But as I said, VA.gov does not show that it is complete. In fact the date they have now under estimated completion dat, is 12/2020. Has this happened to anyone here on a CUE claim? I mean if they are finalizing payment of my atty's fees, …
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Cue
How do I submit a CUE claim. What form do I use
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CUE Update
I wanted to send out an update on my CUE claim. As I suspected from the process and response, I received a denial decision letter today. They denial almost verbatim regurgitated the same statements from the original denial in 1999. It's like the reviewer simply read the original denial, retyped it and said too bad without addressing the issue of probative values and presumption of sound condition. My question is for next step, should I go through the process of Higher Level Review to see what they say before going to the Board of Appeals to exhaust every option before hand. Any thoughts would be greatly appreciated. Best, Randy
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CUE OR REOPEN OR JUST OUT OF LUCK
Just trying to get my mind clear on something, I know a veteran cannot file a CUE claim on a change of diagnosis but can a veteran file a claim of CUE when the veteran filed a non-specific diagnosed condition. OK, here is the scenario, a veteran filed a claim for multiple joint pain in 2000. VA processes the claim and denied the claim in 2000. Veteran finds VAMC medical records of veteran being diagnosis and treated for fibromyalgia in 2000 all within the same year of applying and being denied. Even if the veteran cannot claim CUE, the veteran should be able to reopen the claim for a better effective date due to 38 CFR 3.157. Yes, I know that VA has removed this regu…
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CUE and BVA 2020
Vets are fiing CUEs more and more these days. May of them fail at the RO level but some are awarded at the BVA: https://www.va.gov/vetapp20/files1/20000710.txt Of the 2020 BVA decisions posted so far, at the BVA web site, 277 contain CUE, and BVA decisions helped me tremendously over the years as they show what really is or isnt a CUE. I was interested solely in the PTSD CUE decision: "The Veteran contends that he is entitled to an earlier effective date prior to January 11, 2012, for his service-connected PTSD. The Veteran specifically contends that his PTSD should be service-connected back to September 2009. As there is a balance of both positi…
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When can you file a CUE based on m21-1 and 38 CFR
Binding decisions are those issued by the RO that are not yet over one year old( finally adjudicated decisions). These binding decisions can have a CUE filed on them according to the following M21-1 and 38 CFR citations. No matter what the RO calls it when a corrected decision is issued you are still allowed to file a CUE on a binding decision from what I read here. I really don't care if they call it CUE, "rating revision" or whatever, I am only interested in the granting of benefits. I hope this is at least as clear as mud. M21-1 ADJUDICATION PROCEDURES MANUAL, pt. III, subpt. iv, ch. 7, sect. B III.iv.7.B.3.c. Procedure for Correction of Rating Decisi…
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BVA Motion to Revise
https://www.index.va.gov/search/va/bva_search.jsp?QT=Motion+to+Revise&EW=&AT=&ET=&RPP=10&DB=2020&DB=2019&DB=2018&DB=2017&DB=2016&DB=2015&DB=2014&DB=2013&DB=2012&DB=2011&DB=2010&DB=2009&DB=2008&DB=2007&DB=2006&DB=2005&DB=2004&DB=2003&DB=2002&DB=2001&DB=2000&DB=1999&DB=1998&DB=1997&DB=1996&DB=1995&DB=1994&DB=1993&DB=1992 Page 1 of 78453 results — searched 1228302 (There are 310 from 2019 andthe first quarter if 2020) Query: (motion to revise) They all contain the regulations for a Motion to Revise. I recall they still might ha…
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Been busy with CUE's lately
Hello everyone, I have been a bit busy with CUE research and have not had much time to be on here. I was quite surprised by what I learned. CUE for denial of the TMJ CUE Two CUE motions were submitted in 2019. In January 2020, one was granted and the other denied. While processing the claim, the VA made a number of mistakes along the way and I put in a call to the White House VA Hotline. Eventually, I got a call back from an actual rater at the VARO (different VARO than the one who made the decision) and we talked through things: 1. Six week delay due to VA requesting medical records already present in my claims folder.. 2. One week delay because VA didn'…
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CUE
Looking for help to file a CUE for my husband for EED. Husband was recently awarded 100% P&T with his increase to 50% for headaches but was only awarded back pay from 1/20. Date should go back to 1/18 as I never let an appeal go past the one year mark when they lowered it to 0% for no reason. I even looked and saw all the documents showing His headache log and medical evidence from VA stating that he was suffering from migraines and the frequency had increased. Not sure if we should do CUE when clearly the RO used the wrong date which cost us lots in retro or do a HLR. Our Regional is Reno. Any help or ideas would be appreciated. God bless.
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Six CUEs in Five days- April Fool's VA!
Another warm tale for when you're self-isolating. Be safe. https://asknod.org/2020/04/02/ft-pea-gravel-arkansas-ozark-mountain-daredevils/
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CUE another MUST Read-,claimants vet reps,lawyers, agents, all
Thank you Broncovet- https://community.hadit.com/topic/78563-whats-your-experience-with-higher-level-review/ some members here are getting inaccurate advice from somewhere- I will repeat this again- The fastest awards I ever got, after denials,involved CUEs I filed the day after or week after I got the denial. There is NO regulation preventing you from doing that. There are a few vets here who took my advice and got a fast and positive result by filing CUE right away. As I mentioned before M1-1MR was changed regarding CUE, due to my letter to former Secretary Shinseki. I directed him to my C file, …
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Another CUE "must Read" - 3 prongs of CUE
I got this from a post I made in 2013 and have since repeated the 3 prongs many times. CUE is not really a 'claim' as such- it is a Collateral Attack on any VA decision that is legally wrong. If these three prongs of CUE are not satisfied, then there is NO basis for CUE. The info is for a CUE filed within the appellate period but the prongs are the same for any CUE, (even award letter contain CUEs), and many were committed long ago in past VA decisions.****** The three prongs have never changed for any type of CUE. "To get VA to CUE itself requires 1. a legal error in a decision challenged DURING the appellate period (meaning t…
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