CUE Clear and Unmistakable Error

686 questions in this forum

1. Read first if you think you have a CUE potential

   Please scan and attach the decision you think holds a valid CUE-cover your C file #, name, address prior to scanning it. And add that to your CUE question post. It is easy to attach or paste from a scan here. We really cannot opine on a possible CUE if we cant see the decision.

   Asked by Berta, July 11, 2018

   0 votes
   23 answers
2. • 
   • 
   • 
3. This has to be a CUE

   Here is a copy and past directly out of my last decision letter. They say that there was no connection to service at one point, but in the favorable finding mention a qualifying event in service being reported and a diagnosis by the VA at my initial claim exam in 2009/2010. Am i missing something or are they wrong? Service connection for a chronic right hip strain. The claim for service connection for a chronic right hip strain is considered reopened. (38 CFR 3.156) However, the evidence continues to show that this condition was not incurred in or aggravated by military service. (38 CFR 3.303, 38 CFR 3.304, 38 CFR 3.306) The Rating Decision dated June 1, 20 l 0,…

   Asked by SPO, March 3, 2020

   0 votes
   9 answers
4. Timeframe for CAVC CUE decision/back pay after CLS (telephonic) hearing

   Does anyone know the average time frame to receive the official decision and back pay after the telephonic CLS hearing for a CUE claim at the CAVC? My attorney notified me via text message today that we won. The VA conceded that they applied the statute incorrectly when deciding my original claim which if done correctly, would have resulted in a grant. Thank you in advance for your help and for your service!

   Asked by Disciple, February 29, 2020

   0 votes
   2 answers
5. CUE and medical evidence.

   This point I made before bears repeating----- A valid CUE rests on established medical evidence- meaning the medical evidence must have been in VA's possession at time of the alleged decision holding potential CUE. And another point- some one- forget who- mentioned they received SSDI for the same SC disability they hve and were sttemmpting to file CUE for a better EED. If they never advised VA of the SSDI award, and made sure they signed an authorization form for VA to get those records, the SSDI award is not going to provide them with a better EED. Same as Voc Rehab- If the VA has stated that Voc Rehab is not feasible for you solely due to your SC dia…

   Asked by Berta, February 20, 2020

   0 votes
   8 answers
6. EVEN FURTHER BACK THAN CUE EED

   Man o man o man, sorry guys, I guess that human part has been kicking me around for a few years. I did win my BVA CUE EED but the local VARO low balled me so bad I over looked it or I couldn't Believe it. After re-reading my VARO decision letter, on back of one of the rating sheets it states that "VA made a CUE". The VA gave me an effective date that I felt was still wrong. I was so upset I think I filed a NOD the same week I got my rating decision. Yes, this is all taken care of due to my recent grant for an earlier effective date, I still can't believe it. This time VA didn't call it a CUE, BVA decided that my original claim was never final and gave me the earl…

   Asked by pacmanx1, February 16, 2020

   0 votes
   16 answers
7. CUE - The fun of just getting them to accept the CUE

   I wrote the below letter to Senator Warner. I had answered a survey he had put out and he wanted to know what problem I had with the Va. This morning I got a call from QTC to schedule a C&P exam. Isn't it a bit unusual to schedule a C&P for a CUE? This whole s**t is getting hilarious! This M21-1 stuff deals with when not to schedule examinations - my disabilities are static, they are permanent and I am over 55. M21-1, Part III, Subpart iv, Chapter 3, Section B - Scheduling Examinations III.iv.3.B.2.d. When Not to Schedule Review Examinations Do not establish a future examination control in cases when the disability is static, without mat…

   Asked by kanewnut, February 15, 2020

   0 votes
   1 answer
8. CUE Info

   What VA forms or persons do I need to fill out or contact to submit a CUE.

   Asked by jacobbree123, December 12, 2019

   0 votes
   26 answers
9. Appealing a CUE under the new system

   Did the VA make the same CUE twice? Please offer your opinion. In my CUE, I asserted the VA failed to apply: 38 CFR 4.40 Functional Loss 4.45 The Joints Key provisions of the DeLuca ruling (painful motion = functional loss = limited motion) Here is the rating decision denying CUE: The VA acknowledges that a loud click was heard and painful motion started at 29 mm (falls in the criteria for a 20% rating) Again, the VA failed to apply: 38 CFR 4.40 Functional Loss 4.45 The Joints Key provisions of the DeLuca ruling (painful motion = functional loss = limited motion) Do you agree that the VA again failed to …

   Asked by Vync, January 28, 2020

   • appeal
   • cue
   0 votes
   2 answers
10. So it seems you must use a form to initiate a CUE

    I called the 800 number today to ask about the status of my CUE submission. I spoke with Gayle and she told me unless I submit a form the letter I wrote would just sit in my file with no action. She told me to submit a 21-4138 "Statement in Support of Claim" and reference the documents I sent in for the CUE. So she did say the letter I sent was in my file, and confirmed they received it, but she explained that many Vets will send in documents they want in their file, but if you do not submit a form there will be no action. Does that sound right??? I know I looked all over the forum to see if there was a standard form and did not see any suggestions for a particular form. …

    Asked by ROMAD, January 2, 2020

    0 votes
    13 answers
11. CUE turned into an Appeal now SOC

    I am confused as always by the VA decision. Long story short I filed a CUE, it took several tries to get them to accept it. On 1/7/2020 the VA sent me a SOC (redacted copy attached) which confuses me. In the CUE I had stated the VA failed to read all of the DBQ completed by LHI for a increase for my hand. They originally left the hand at the same rating (10% for thumb) and 0% for the other fingers. The original DBQ showed that because of the limitation of my index finger I should have also been given a 10% rating for it as well. According to the SOC the VA agreed with me and gave me 10% for the index finger and also 10% for my long finger (I did not expect this). I n…

    Asked by paulstrgn, January 19, 2020

    0 votes
    7 answers
12. Old decision riddled with errors?

    My initial claim for my back was filed in 1995, denied, appealed to the BVA, remanded for a C&P exam, but it was denied in Feb 1998. In 2009, I filed a new claim and won (in 2013) SC for lumbar, cervical, and radiculopathy. If possible, I would like to get an earlier effective date, but did not know that at that time. The C&P exam is riddled with issues and the rating decision is also very vague. I started working on trying to tie this back to 38 CFR. Here are the specific BVA remand instructions: Here's the C&P exam: The medical opinion was placed on a different C&P exam Here's the rating crit…

    Asked by Vync, January 15, 2020

    0 votes
    20 answers
13. What do you do when they get a CUE Wrong!

    Ok here is the issue. I filed a CUE on my Decision from 1993 because I was rated improperly based on the laws at the time. I submitted the letter explaining the error and noted in my records what the error was. So my CVSO looked at the Decision today and it was denied and they show in the Evidence section The MEB decision from the USAF as well as the Rating decision from 1993 and The General Medical Exam (C&P Exam). So they say the considered the evidence but it is in black and white in all those documents that I meet the requirements for the higher level. Additionally one other bar is being employed at the time of the exam, and the higher level of disability requires…

    Asked by ROMAD, January 14, 2020

    0 votes
    2 answers