Inadequate Reason & Basis

[Rockhound]

Can you CUE a claim that was denied where by the VA Rater gave an inadequate reason or bases for its decision? Where by the VA Rater failed to adequately discuss evidence in favor of the claim.

Rockhound Rider :D

[poolguy11550]

Are you passed the one year mark from the decision? If not file a notice of disagreement and appeal the decision on the ground that you listed. If you are passed the one year point and it is a CUE claim that you are looking at, then you need a lot more that an "inadequate reason for the decision". In my view there is not a clear an unmistakable error there on that basis. CUE claims are very difficult.

[Pete53]

Poolguy welcome to Hadit. I agree with you 100%. Going the CUE route is the hardest claim to win in my opinion.

[poolguy11550]

Rockhound, did you file your claim or submit any evidence between April 14 2007 through October 14 2008?

[john999]

With filing a CUE vets often stumble into posing questions of judgement or difference of opinion regarding medical evidence. If you are questioning how adequate the reasons and basis of a rating you are getting into judgement calls about existing evidence. Now if there was crucial evidence that the VA had it their posession that they did not consider then I believe you may have a CUE. Regs say the VA must evaluate all the evidence before rendering a decision. So if they don't do that they are violating the regulations. For instance, the VA has your SMR's and they don't bother to use them as evidence in your claim for an in-service injury or illness. They deny your claim without regard to the evidence in your SMR's. Now that to me is CUE. Those records are crucial to your claim, and but for the VA's refulsal to consider them you would have won your claim. That is the level you have to rise to at least. Even in such a case you know the VA is going to fight it because they don't want to award retro back maybe 30 years.

[poolguy11550]

With filing a CUE vets often stumble into posing questions of judgement or difference of opinion regarding medical evidence. If you are questioning how adequate the reasons and basis of a rating you are getting into judgement calls about existing evidence. Now if there was crucial evidence that the VA had it their posession that they did not consider then I believe you may have a CUE. Regs say the VA must evaluate all the evidence before rendering a decision. So if they don't do that they are violating the regulations. For instance, the VA has your SMR's and they don't bother to use them as evidence in your claim for an in-service injury or illness. They deny your claim without regard to the evidence in your SMR's. Now that to me is CUE. Those records are crucial to your claim, and but for the VA's refulsal to consider them you would have won your claim. That is the level you have to rise to at least. Even in such a case you know the VA is going to fight it because they don't want to award retro back maybe 30 years.

john999, your 100% correct. I advise vets to appeal and keep the claim active just to avoid this type of situation. The CUE claim is very difficult to win because there are two process- 1. was there a CUE and if so 2. Is there service connection?. You must win two claims to be successful. I have seen a few CUE claims won but the vet lost the service connection.