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Tbird

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betrayed

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betrayed Mentor

betrayed

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please let me know when it is fixed, I want to read about CUE

post-768-1181992477_thumb.jpg

Betrayed

540% SC Schedular P&T

LOWER YOUR EXPECTATIONS AND THE VA WILL MEET THEM !!!

WEBMASTER BETRAYEDVETERAN.COM

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Berta

Berta

Posted
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I dont think that is supposed to be a hyperlink Jim-

There is considerable info here under CUE, or Clear and Unmistakable Error.

I also posted successful CUE claim decisions.

38 USCS 5109A

CUE:

1. decision cued must be within final (unappealed ) decision.

2. the outcome must be manifestly different but for the alledged CUE (ie: more retro)

3. The Cue must be a legal error based on VA regs at time of alledged CUE.

Duty to Assist and VCAA violations are not cueable.

I posted some ecisions that were within the VBM as to actual legal errors in decisions.

I have also posted my 2 CUEs as to how they were legal errors.

The Motion for Reconsideration that you refer to in the thumbnail is for BVA decisions.

BVA decisions also can be cued at the BVA but the Bell V. Derwinski case must be consider when doing that.

I suggest anyone claiming CUE -especially on a final BVA decision-should get the VBM because they have significant information there as to filing BVA Motions on CUEs.

If the RO commits a CUE -the CUE claim is filed with the RO- If the BVA committed CUE, the CUE is filed there.

The legal error should be clearly stated.

In my CUE claims at RO now- I stated the legal errors, attached the final RO decision they were in, and also sent an OGC Precedental Opinion , M21-1 regs, and copy of 38 CFR showing them exactly how they broke the regs and committed CUE.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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betrayed Mentor

betrayed

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I dont think that is supposed to be a hyperlink Jim-

well when you click on it it says page cant be found or something like that, so it has to be a link............

Betrayed

540% SC Schedular P&T

LOWER YOUR EXPECTATIONS AND THE VA WILL MEET THEM !!!

WEBMASTER BETRAYEDVETERAN.COM

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You hit the street, you feel them staring you know they hate you you can feel their eyes a glarin'

Because you're different, because you're free, because you're everything deep down they wish they could be.

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betrayed Mentor

betrayed

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Posted (edited)

quote name='Berta' date='Jun 16 2007, 08:02 AM' post='54749

CUE:

1. decision cued must be within final (unappealed ) decision.

I have appealed this on a form 9, but am also waiting on a personal DRO hearing. So does that mean I cant file a cue on it?

I have also posted my 2 CUEs as to how they were legal errors.

If you tell me I can CUE this then I will research your post, or you could make it simple and give me a link to them

The Motion for Reconsideration that you refer to in the thumbnail is for BVA decisions.

the link is a example of a CUE, it would make sense to me (but thats a oxymoron when your talking about the VA)that a cue is a cue no matter wheter its going to RO or BVA

BVA decisions also can be cued at the BVA but the Bell V. Derwinski case must be consider when doing that.

I suggest anyone claiming CUE -especially on a final BVA decision-should get the VBM because they have significant information there as to filing BVA Motions on CUEs.

If the RO commits a CUE -the CUE claim is filed with the RO- If the BVA committed CUE, the CUE is filed there.

The legal error should be clearly stated.

In my CUE claims at RO now- I stated the legal errors, attached the final RO decision they were in, and also sent an OGC Precedental Opinion , M21-1 regs, and copy of 38 CFR showing them exactly how they broke the regs and committed CUE.

Edited by BETRAYED

Betrayed

540% SC Schedular P&T

LOWER YOUR EXPECTATIONS AND THE VA WILL MEET THEM !!!

WEBMASTER BETRAYEDVETERAN.COM

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You hit the street, you feel them staring you know they hate you you can feel their eyes a glarin'

Because you're different, because you're free, because you're everything deep down they wish they could be.

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Berta

Berta

Posted
Posted

Jim-as long as you are still in the appeals process (you filed an I-9) there is no final decision to attempt to file a CUE on.

If the BVA committed CUE -the CUE claim must be filed with the BVA against the final BVA decision.

If VARO makes CUE- claim gets filed against the VARO.

A claim decision that goes past the NOD year filling date can be cued.Obviously that CUE would be against the RO.

A BVA denial-unappealed to the USCAVC- can be cued at the BVA.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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betrayed Mentor

betrayed

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Jim-as long as you are still in the appeals process (you filed an I-9) there is no final decision to attempt to file a CUE on.

No there is no decision period, it has been ignored.............and is that a CUE?

If the BVA committed CUE -the CUE claim must be filed with the BVA against the final BVA decision.

If VARO makes CUE- claim gets filed against the VARO.

A claim decision that goes past the NOD year filling date can be cued.Obviously that CUE would be against the RO.

A BVA denial-unappealed to the USCAVC- can be cued at the BVA.

Betrayed

540% SC Schedular P&T

LOWER YOUR EXPECTATIONS AND THE VA WILL MEET THEM !!!

WEBMASTER BETRAYEDVETERAN.COM

-----------------------------------------------------------------------------------------------------------------------

You hit the street, you feel them staring you know they hate you you can feel their eyes a glarin'

Because you're different, because you're free, because you're everything deep down they wish they could be.

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