Cue Questions

[pacmanx1]

OK, my question is how do you ask VA to CUE themselves or CUE a decision they made?

Is it faster than filing a CUE yourself?

Thanks for the advice and information

[pacmanx1]

still waiting others may need to know also

[jbasser]

If it is an obvious error, you need to fill out a statement in support of claim and bring it to their attention. You can ask them to correct something inthe claim with this method. This is the same a a request for reconsideration.

It would not be considered a cue since it does not meet the CUE criteria but it is a cue in the makling and you should let them know the exact details.

Otherwise you have to wait until the claim has become final.

J

Edited September 4, 2009 by jbasser (see edit history)

[pacmanx1]

I am referring to a claim that has been rated and is final.

[jbasser]

In that case you need to file a cue claim as the RO sill not cue themselves after the decision has been reached and the alloted time has expired.

You must show legal error and that it caused you Harm. ( Cost you money)

J

[seal]

I am referring to a claim that has been rated and is final.

you are correct,a final decision, Is bounding on va or bva,who ever made the final decision the veteran and varo or bva are bound to final decision , you decision Is final,and what ever Is stated in final decision is final,. SEAL

[seal]

In that case you need to file a cue claim as the RO sill not cue themselves after the decision has been reached and the alloted time has expired.

You must show legal error and that it caused you Harm. ( Cost you money)

J

I disagree under clear & unmistakble error final decision Is binding,he did not send a notice of disagreement,with 1 year,and veteran fails to appeal the rating decision the veteran Is bound by It,whatever the decision Is It Is a adjudicated or final decision If the decision Is of favor to the veteran , va must uphold final decision from my guess he did not appeal decision,as varo would not make final decision the relevant regulations provide a cue claim must apply under 1,2,3. and does not cost money, hope this helps SEAL

[seal]

If it is an obvious error, you need to fill out a statement in support of claim and bring it to their attention. You can ask them to correct something inthe claim with this method. This is the same a a request for reconsideration.

It would not be considered a cue since it does not meet the CUE criteria but it is a cue in the makling and you should let them know the exact details.

Otherwise you have to wait until the claim has become final.

J

the final decision Is made-a final decision Is a adjudicated or final decision to send in a statment in to support of claim,will reopen the claim,for reconsideration,and would need new evidence for reconsideration only old evidence can be used In cue, to reconsideration would require new evidence not allowed in cue,and he would lose final decision,new evidence ,will allow va not to agree with new evidence,the reconsideration claim would be denied the veteran would lose the original final decision SEAL