Question On Cue Process

[Done wit this]

Hi everyone,

I have been working on and researching the CUE Claim Process.

Today I called the PVA paralyzed veterans of America, this was the winston salam office in NC where my Orginal claim was denied. I did this because that was the place the CUE was commited on my claim. I thought that might be the place to file the CUE because that VARO would be the RO that gave me that decision.

:( :(

Well I explained to the PVA officer the reason of the deniel and stated that I found the records that the decision was made without- and they should have had when making the decision. He said that without me appealing the original decision within one year that the decision was final and I could not go with an collateral attack - CUE

My understanding of a CUE is 3 things #1 the decision was never appealed

#2 it involves an error to the appl of a fact or law that existed when the cue was made and #3 it would change the outcome of the past claim if sucessfull and its the only way to recover lost retro in the decision that was never applealed.

Now the decision was in 1994 and it was made with the reasons on the denial being No SMR's from time claimed, I found them in 2005 and refiled. tell me if I am wrong or I'm

,I am right, Is the man that I called giving me bad info or am I understanding the CUE thing all Wrong?

Thanks for any help you people can give.

Macool

Edited September 17, 2007 by macool

[jbasser]

Cue is a collattarel attack on a Final Decision.

Your case is similar to mine. I filed in 94 and got the same denial. ( no records) The records were found in 98 and I filed to reopen based on the records being new and material .Also denied. A C@P examiner showed me the records and I went to see the file. I filed a Cue claim based on the second denial. ( RO Did not even look at the records).

If you received SC because the records were found, You can also ask for an EED based on Rin am-0015. Recipt of service department records. Under 3.400 in effective dates. I did the same last year. I am not done yet but I am close.

I dont think the PVA knows what they are saying. You can cue a final decision. Call him back ans tell him he is full of crap. Where did he get his training?

[Done wit this]

This is what I thought and kind of was pretty sure of, I guess you just need a second third and forth opinion when you have been givin some bad advice from a person whom is supposed to know what the the heck there talkin about. I will call him and tell him he is wrong and should study the process if he is going to help anyone he should know the Regs. Dumb A$$ he is. Guess I can't use him he would be no help, I would like to say I am surprised but I am not - I have had more reps that knew nothing then I can think of that were good. Just maybe the Reps should have to pass a test to get the position.

Now the Importent things the (EED based on Rin am-0015) where can I find that so I can see how to apply it ?

And the other Recipt of service department records. Under 3.400 in effective dates. Where do I find that reg? so I can learn how to apply that also ? And is there anything else I can apply that anyone know's of that could be used in A QUE.

Its tough when you can't rely on the people they tell you to go To- Thank God for - hadit.com

Macool

Edited September 18, 2007 by macool

[Josephine]

Thanks,

Josephine

Edited September 18, 2007 by Josephine

[Done wit this]

This is what I thought and kind of was pretty sure of, I guess you just need a second third and forth opinion when you have been givin some bad advice from a person whom is supposed to know what the the heck there talkin about. I will call him and tell him he is wrong and should study the process if he is going to help anyone he should know the Regs. Dumb A$$ he is. Guess I can't use him he would be no help, I would like to say I am surprised but I am not - I have had more reps that knew nothing then I can think of that were good. Just maybe the Reps should have to pass a test to get the position.

Now the Importent things the (EED based on Rin am-0015) where can I find that so I can see how to apply it ?

And the other Recipt of service department records. Under 3.400 in effective dates. Where do I find that reg? so I can learn how to apply that also ? And is there anything else I can apply that anyone know's of that could be used in A QUE.

Its tough when you can't rely on the people they tell you to go To- Thank God for - hadit.com

Macool

This post has been edited by macool: Today, 08:55 PM

[john999]

These veteran service officers have no idea about CUE claims. They usually tell you that it is impossible.

[Chuck75]

The problem with CUE is that you have to have someone helping you that really really understands the system and the approprite law & regs. After reading some of the unfavorable decisions concerning CUE, I would have to say that many VSO's don't have enough knowledge of the CUE process and requirements to assist in a CUE claim.

These veteran service officers have no idea about CUE claims. They usually tell you that it is impossible.