My Recent Rating Decision - Cue Claim

[sixthscents]

I know I have been away for a while, and I probably will be away again for a bit due to upcoming surgery etc. but I wanted to share with you all the most recent decision in a claim I filed.

The rater states under DECISION..

"The previous rating decision was clearly and unmistakably erroneous in failing to grant service connection for ...."

He He.. I won a CUE claim, and it backdates to the original claim date over 2 years ago. So, now the appeals (currently also at the rating board) will have to be decided. The claim that the CUE occurred on was the backbone of my claim for an increase in SMC though, so it was incredibly important that they see the mistake they made.

I was so proud of winning my CUE I just had to share. As many may or may not know CUE claims are really difficult to prove, unless the rater really made a huge mistake. Mine did, and the system WORKED. Slowly to be sure, but it WORKED. So don't give up hope, but make very sure you understand what a CUE claim is, before filing one.

Bob Smith

[cowgirl]

Congratulations on the CUE (liked that he.he!) Great for you to hang in there and see it through. By you seeing it through, could be other claimants be served correctly the first time.

Had a claim myself recently corrected but Not declared a CUE. (rating & date). Sure felt good to get it right after all these years.

Wishin ya the best on upcoming surgery.

God bless,

Cowgirl'up2009!

[Berta]

FABULOUS!

CUE claim situations are my favorite part of VA case law-but VERY difficult to win.

I believe that many many vets have valid basis for CUE claims- but never file them.

CUEs are detailed and always unique.

I commend you highly!

In order to win a CUE a vet or widow not only has to have the evidence of legal error in a past decision but also whip out the legalise that will get them the cash.

You did that!

When one realises that many CAVC cases are remanded due to legal errors (many however are DTA errors and not CUEs) still it shows the VA is definitely making legal errors much of the time.

CUE claims are a lot of work.And well worth the effort when they big a lot of retro!

Congrats!!!!!