Is There Special Rules And A Special Form For Filing A Cue?

[danang_1969]

Is there a form for a CUE? CAN someone email it to me or post it, or guide me to it, please?

Danang_1969

[Berta]

No form needed-

Just write the VARO a letter telling them you believe they have comitted a clear and unmistakable error in a past final decision you received.

A CUE claim is a collateral attack on a VA decision.

Attach a copy of the decision.

It must be a Final and unappealed decision well past the point of NOD time frame.

There is plenty of info here under the search feature up top as to CUE claims.

On Jan 16th I plan to review these types of claims at the SVR radio broadcast-

easily accesible via PC to hear the broadcast and I will catch questions that come up from chat room members-

(easy to join the chat)

also the CUE show will be put into archives for future listeners.

A CUE claim requires

1. an unappealed and final VA decision.

2. proof that the decision was flawed by erroneous applications of the regulations at time of the alledged CUE (the decision date)

3. Manifested different outcome potential due to the CUE.

Example-

1.I had a final unappealed decision in 1998.

2.I enclosed copy of the decision and also the regs that the VA broke in applying them to the final decision and stated I was filing a claim under auspices of 38 USC 5107 (the reg that governs CUE)

3.I stated I had a manifested different outcome- but for the CUE-

(They owed me thousands of dollars)

I mentioned the circumstances of this CUE earlier today-

1.Only final unappealed decisions-

(if the VA makes a CUE during course of the claim while it is pending you can ask them to CUE themselves)

2. only legal error is appropriate for CUE claims (no DTA stuff)

3. the CUE must have cost you retro.

I am wondering what the heck the DTA regs are NOT subject to CUE claims- then again- if that was possible- the VARO would be enveloped and overrun by CUE collateral attack claims from veterans and widows.

There should be examples of legal errors that raise to level of CUE here and also some BVA/CAVC cases that were awarded on CUE in the search feature.

Edited January 7, 2008 by Berta