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?

[jbasser]

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.

[Ron II]

Ohhh! Thanks; I was lost in space.

[Berta]

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.