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Cue Help

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oicclouds

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Berta

Berta

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There is a lot on CUE claims here under the search feature with links to some successful ones.

they involve

1. a Final VA decision (meaning a decision that went beyond the appeal period and was never continued (appealed) at some point.)

2. clear and unmistakable error in application of VA case law.(laws and regs in place at time of alleged CUE)

3. Manifested altered outcome- meaning the CUE error cost the vet retro which they didnt get.

Duty to Assist violations and disagreement over the way medical evidence was weighed or interpreted does not constitute a CUE.A CUE is only based on legal errors that cost a vet money due to illegal application or total disregard for the regulations.

For Example- this is one of the CUES I have pending:

In 1997 VA determined they had caused my husband's death due to -among other negligence- significant heart disease- documented in VA med recs for 6 years- but was undiagosed at his death and untreated.

A 1997 award letter as well as a 1998 additional award I received did not produce SMC award as accrued -for his long standing heart disease.

The CUE was in the fact that they failed to consider him for SMC accrued under established VA case law regarding Sec 1151 claims-- which I sent them-

and they failed to give his heart disease any diagnostic code or rating whatsoever.

Even if they had coded this as NSC with a rating-I could have fought that -but they failed to acknowledge this total disability at all.(and they caused it)

Accrued benefits to a surviving spouse involve any type of benefit due the veteran in their lifetime.

This CUE is in addition to a separate CUE over the other SMC conditions they rated incorrectly-but were over 100% under 1151 so that CUE too involved clear error in application of regs regarding SMC entitlement.

ALl of this adds up to an SMC award as accrued for a fairly high level of SMC as -not only were these all catastrophic disabilities that VA admitted that they caused and malpracticed on- but also they are now- with my IMOs- part of the Nehmer Stipulation and the VA must also consider them as direct SC in addition to Rods 100% SC for PTSD.

My IMOs put the accrued benefits back beyond the regular 2 year retro for accrued to surviving spouses due to the retro decision.

There are other examples here of CUE claims that have succeeded.And I think one of them is my other CUE I won.

1.Final unappealed decisions ( my SO never advised me to appeal these decisions)

2. numerous regs established as law at time of the decision

and Gen Counsel Op # 30-97 violated (sent as evidence)

3. manifested different outcome - years of SMC retro as accrued to surviving spouse.

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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