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Clear And Unmistakable Error (cue)

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allan

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allan Grand Master

allan

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Clear and Unmistakable Error (CUE)

The United States Court of Veterans Appeals (hereinafter the Court) has held that "n order for there to be a valid claim of 'clear and unmistakable error,' there must have been an error in the prior adjudication of the claim." Russell v. Principi, 3 Vet.App. 310, 313 (1992). Clear and unmistakable error occurs when the correct facts, as they were known at the time, were not before the adjudicator, or the statutory or regulatory provisions extant at the time were incorrectly applied. Id. Clear and unmistakable error is error which, had it not been made, would have manifestly changed the outcome at the time it was made. . Errors which are harmless do not give rise to the need for revising the previous decision. Id. Clear and unmistakable errors are errors that are undebatable, so that it can be said that reasonable minds could only conclude that the original decision was fatally flawed at the time it was made.

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jbasser Grand Master

jbasser

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The original post was in effect in 1992. Notice the well grounded phrase in the lost. After the VCAAA in 00 totally changed this issue and removed the well grounded phrase from correspondance as the VA was found guilty of denying claims and hiding behind this statement not assisting Vets with their claims evidence. They just did not request the evidence and put the burden on the Veteran. They didnt have to, Now they do.

If anyone can prove legal cue for any final decision and it survives a retalitory VA reply, Then you have a chance.

The attorney regs changed last year.

Berta may chime in and explain the law and the use of attorneys since the change was implemented.

J

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

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john999 Grand Master

john999

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The good thing about lawyers and CUE claims is that you know that you will be able to hire a lawyer because there is a 99% chance your CUE will be denied and then you can hire the lawyer for the appeals. I mean if you CUE involves significant money you will be denied. It is like reflexsive response from the VA. Claim thirty years of retro and you can bet the farm you will be denied by your VARO if that is where the CUE occurred. If you read the requirements for CUE it has always been difficult to say the least. If any aspects of judgement creep in you are done. This is how I read it.

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Pete53 Grand Master

Pete53

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First get a decision and than ask for CUE.

Veterans deserve real choice for their health care.

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sharon Veteran

sharon

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hello,I am a new menber ,I have a legal cue claim under usc 5109 a c. The va, made a mistake In 1994, I was granted a non service connected conditions, and never Informed of this ,my lawyer found It out. I was P&T total. I am service connected TSGS air force medical retired at 100%, the 1994 decision was made before va approved 100% service connected. bases on my air force records , KUSN

Is it the same condition that you are now service connected for. Otherwise, non service connected P&T is awared for pension.

"Don't give up. Don't ever give up." Jimmy V

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Berta

Berta

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Sure sounds like a CUE to me!!!!!!!

are you eligible as a retiree for CRSC or CRDP?

If VA denies the CUE (they fight them but I dont see how you could lose)

then once you file the NOD-you have right to obtain a lawyer.

But I see you have lawyer already?

tell us more-

it sounds like a beauty.

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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