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Cue

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carlie

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Question ? ?

Under what CFR or USC regs. can vet file cue claim to RO against

prior RO denial ?

My claims are still at the local level. I would like to try and stay at the local level.

Thanks,

carlie

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38 CFR 3.105a

Previous determinations which are final and binding, including decisions of service connection, degree of disability, age, marriage, relationship, service, dependency, line of duty, and other issues, will be accepted as correct in the absence of clear and unmistakable error. Where evidence establishes such error, the prior decision will be reversed or amended. For the purpose of authorizing benefits, the rating or other adjudicative decision which constitutes a reversal of a prior decision on the grounds of clear and unmistakable error has the same effect as if the corrected decision had been made on the date of the reversed decision.

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The only area where I've had trouble understanding CUE is exactly what determines a final decision. I have a CUE in now (2 in fact) AND have my wife's claim in for DRO. The rep. I talk to in team 1 in Seattle RO said as long as a decision had been made and is "final" (IE - gone into effect, which just means that the RO decision has reached 60 days). Others have said that all appeals must be exhausted before filing CUE, but there is no concrete proof that this is true either.

I will keep the forum updated as to my wife's CUE(s) (which is kind of a slam dunk, as it involves clear violations of title 38 via scheduling a future exam for a finding of P&T AND a reduction based on a disagreement with a prior RO decision without new evidence {also against the law}). The VA has very limited info on CUEs on purpose IMO, and we'll just have to wait and see what happens in my wife's claim:-(

P.S. - If my contact is correct you can file a CUE and appeal it to the board while filing for DRO and appealing under normal means, which means 2 different tracks of appeal at the same time.

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