CUE Clear and Unmistakable Error

686 questions in this forum

1. Cue - Check This Before Posting Your Question It May Have Already Been Answered

   http://www.google.com/search?client=safari...-8&oe=UTF-8

   Asked by Tbird, August 11, 2008

   0 votes
   1 answer
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3. Cue - Check This Before Posting Your Question It May Have Already Been Answered!

   http://www.google.com/search?client=safari...-8&oe=UTF-8

   Asked by Tbird, August 19, 2008

   0 votes
   0 answers
4. Reconciliation Of Moody V. Principi, 360 F.3d 1306 (fed. Cir. 2004), And Case Law On Cue Claims

   Department of Memorandum Veterans Affairs Date: May 28, 2004 VAOPGCPREC 4-2004 fillin "Please type the 'Date' line information." From: General Counsel (022) Subj: Reconciliation of Moody v. Principi, 360 F.3d 1306 (Fed. Cir. 2004), and Case Law on CUE Claims To: Chairman, Board of Veterans

   Asked by carlie, April 28, 2010

   0 votes
   7 answers
5. CUE claim template

   There are more templates here ( I should call them examples) but this is a CUE I filed in 2012: on page 4, and then I filed a CUE immediately on the denial- which went very fast- I think I filed it as a IRIS complaint. Another CUE I filed within days after getting a decision is funny now, but I was pissed when I got the decision.Maybe I can find that one here too.

   Asked by Berta, January 25, 2018

   2 votes
   0 answers
6. To CUE, Or Not Worth It?

   Three weeks after I got out of the Air Force in 1974, I spent a few weeks in a VA hospital for Hepatitis (apparently a parting gift from my processing out physical or dental exam). While there, a VSO filed a claim for me. The actual filing is not in my C-file, so I'm not certain what exactly he wrote, BUT... While active duty, my STRs contain numerous medical and psychologist reports of depression, sleep disturbances, fatigue, nervousness, etc. that were not part of my life before the Air Force. (Some relationship and family issues while I was away from home were the "triggers" that sent me spiraling down the black hole of depression.) Instead of discharg…

   Asked by acesup, December 19, 2018

   1 vote
   40 answers
7. SMC K for loss of use of one eye

   I presently have an active claim where I am argueing that I should be awarded a K award for loss of use of my left eye. I will try to explain the case, in as few words as possible. In 2008, I had surgery for removal of a cataract in my left eye that was caused by use of steriods for my service connect lung condition. The surgery when bad, and the replacement lens (IOL) was placed too close to the iris. Because of the positioniong of the lens, it rubed upon the iris, causing intermittent periods of loss of sight due to spikes in the eye pressure. I was diagnosed with pigmentary dispersion syndrome and pigmentary gloucoma. The pressure spikes continued for years, I wou…

   Asked by Richard1954, May 21, 2022

   • k award
   • loss of use
   • smc
   1 vote
   2 answers
8. Clue Claims In Bva Decisions

   ;) Has anyone, while researching BVA decsions, ever come up with the topic, that show cases that Vet's have won, rather than have to go through hoping to find some. Or is it a lost cause, because they don't list such claims, that Vet's have won or been remanded. Sorry to be such a pessimist, when the VA is concerned, They don't harbor any optimism, when you think about it. Here is an Agency, that was created to help Veterans receive benefits due them, yet they set it up in such a way, that you cannot hire an attorney to represent you, until after the BVA has denied your claim. Further they make it as near as impossible as they can, to show how the VA has made an e…

   Asked by Guest Jim S., September 16, 2005

   0 votes
   5 answers
9. How Dro Violated 38 Cfr 5107

   B) Dont know where the topic is- I stated in my email to the VA on Saturday that she did not do this: Duty to Assist regs- 38 CFR 5107 (a) (they are lucky I didnt need to get to ( B) the VA "shall make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claimant's claim for benefits under a law administered by the Secretary." 38 CFR 5107 add Pub L No 106-475,paragraph 3" The DRO, by failing to open my submissions and by failing to read them,could not 'obtain' the evidence (all was medical evidence)she (VA) had from me and thus she violated VA's Duty To Assist. There was more to it too-but I made point to VA thi…

   Asked by Guest Berta, September 23, 2005

   0 votes
   1 answer
10. 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-

    Asked by Guest Berta, September 27, 2005

    0 votes
    8 answers
11. 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…

    Asked by Guest Berta, September 29, 2005

    0 votes
    2 answers
12. 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 …

    Asked by Bossman, August 7, 2008

    0 votes
    48 answers
13. Request For Eed For Increased Rating, Or Cue?

    Got a increased rating for sc issue. The rating information I've found is exactly the same for the issue when first claimed and now. This sc issue I've had for years was rated to date of discharge but I believe at a wrong low %. My approach - claim for EED explaining & showing the va Imo reports then & now read exactly same for that condition. The rating criteria, as far as I can find, hasn't changed and the increased rating shows the lower rating was wrong from start. Am I right to proceed with claim for EED fix? or should I go CUE? (may have asked this before, but double checkin ole cg here) thanks, cg

    Asked by cowgirl, September 12, 2008

    0 votes
    10 answers