Jump to content
Ads Keep HadIt.com Online. Consider Turning Off Ad Blockers to Keep HadIt.com Online! ×
  • 0

Clear And Unmistakable Error (cue) Question

Ron II


In cases where medical evidence in the c-file was apparently overlooked or disregarded (with regard to a rating that would have been higher if taken into consideration) grounds for Clear and Unmistakable Error (CUE) action? I am confused about the grounds for CUE--must the evidence be new/previously not submitted?

Link to comment
Share on other sites

  • Answers 3
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

3 answers to this question

Recommended Posts

  • Moderator

A cue is a colattarel attack on a final decision. It must include the evidence that is already on file. If there is new evidence then it would be a reopened claim.

You must show by process of law what exactly the cue consisted of and how the cue was incurred.

Example: Vet files for Migraine headaches. claim denied due to records being unavailable. Then the records are received showing treatment and diagnosis in service. Filed claim to reopen using record as new and material evidence. RO denies stating no evidence is in the record.

Now there is a cue for the ro failed to consider the evidence in the record which is new and material.

Link to comment
Share on other sites

jbasser summed it up very well.

I won a CUE claim via Regional Counsel a few years ago.His award of the CUE overruled subsequent denials I had at the RO and the BVA.

It was an unusual situation that prompted this CUE award from the RC.99% of CUEs do not get attention of the RC.

I have 2 CUEs now that are being worked on at the VARO.

1.Two Final VARO decisions.

2.manifested altered outcomes ( these Cues involve 5 figure retro posthumous award- a CUE must involve retro money as the manifested outcome that the CUE regs state.

3. Support by established VA case law that was in affect at time of alledged CUEs to warrant awards under CUE regs.

A veterans filing CUE- I suggest, should send the copied decision being cued as well as all established VA case law that supports the CUE with the CUE claim itself.

State exactly how the regs at the time of the cued decision were erroneously applied to the claim the decision was on and that this was to the veteran's detriment in the proper receipt of compensation.

Link to comment
Share on other sites

This topic is now closed to further replies.

  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.


  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one massive, rambling introduction or story.
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   


  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Create New...

Important Information

{terms] and Guidelines