Does Anyone Have A Reference Limiting Cue To One Time?

[broncovet]

I read that in filing a CUE a Veteran has only "one shot" to get it right, or forever be barred from filing a Cue again. Does that apply to a single decision? What if that decision has multiple issues, and there were multiple CUE violations? What about "unadjucated" issues, that is, what if a decision failed to address an issue at all, so the Veteran was unaware the decision was "deemed denied"?

I just realized this "deemed denial" thing opened up a can of worms with Cue. In case you are not up to speed a "deemed denial" means if you apply for 3 issues, and the VA issues a decision on just one, the other two are "deemed denied" and the one year appeal clock starts..Veterans are required to file a NOD for claims that have never been decided because the court considerers them denied. Its one of those Va loopholes that frustrates Veterans.

[carlie]

Look at it this way,

If you only had one shot at a CUE the VA could then purposely err after the first CUE and never have to worry again about a CUE being filed. An error is an error whether it be the VA's first time or third time, it's still an error if warranted by the evidence.

Jerr

jerr,

C&UE is usually won on a legal issue where the regs were

either mis-applied of not applied.

carlie

[jerrbilly]

That is correct, where that would be considered good evidence for a CUE. I should have clarified that. Sorry

Jerr

jerr,

C&UE is usually won on a legal issue where the regs were

either mis-applied of not applied.

carlie

[carlie]

Also,

Most "errors" made by VBA, do not rise to the level of C&UE,

they are just really poor decisions.

jmho,

carlie

[free_spirit_etc]

Also,

Most "errors" made by VBA, do not rise to the level of C&UE,

they are just really poor decisions.

jmho,

carlie

Yep:

DECISION ASSESSMENT DOCUMENT

DOCKET NUMBER: 93-407 ACTIVITY: Rating, Authorization

NAME: Fugo v. Brown

ISSUE: Clear and unmistakable error (CUE) claims

ACTION BY COURT: Affirmance Date: 11/16/93

BEFORE JUDGES: Holdaway, Kramer, Mankin

"It must always be remembered that CUE is a very specific and rare kind of "error." It is the kind of error, of fact or of law, that when called to the attention of later reviewers compels the conclusion, to which reasonable minds could not differ, that the result would have been manifestly different but for the error. Thus even where the premise of error is accepted, if it is not absolutely clear that a different result would have ensued, the error complained of cannot be, ipso facto [by that fact itself] , clear and unmistakable."

Edited December 23, 2009 by free_spirit_etc

[jerrbilly]

Would ignoring pertinent evidence rise to the level for the case of CUE. The VA never addressed my SSD (same conditions) and my Voc Rehab disqualification for my claim for IU. Not sure why they are doing a CUE but I was thinking this might have something to do with it.

jerr

Yep:

DECISION ASSESSMENT DOCUMENT

DOCKET NUMBER: 93-407 ACTIVITY: Rating, Authorization

NAME: Fugo v. Brown

ISSUE: Clear and unmistakable error (CUE) claims

ACTION BY COURT: Affirmance Date: 11/16/93

BEFORE JUDGES: Holdaway, Kramer, Mankin

"It must always be remembered that CUE is a very specific and rare kind of "error." It is the kind of error, of fact or of law, that when called to the attention of later reviewers compels the conclusion, to which reasonable minds could not differ, that the result would have been manifestly different but for the error. Thus even where the premise of error is accepted, if it is not absolutely clear that a different result would have ensued, the error complained of cannot be, ipso facto [by that fact itself] , clear and unmistakable."

[carlie]

Would ignoring pertinent evidence rise to the level for the case of CUE. The VA never addressed my SSD (same conditions) and my Voc Rehab disqualification for my claim for IU. Not sure why they are doing a CUE but I was thinking this might have something to do with it.

jerr

jerr,

I just read through some of the prior posts you have made

and your very first post at Hadit, answers your question.

http://www.hadit.com/forums/index.php?show...mp;#entry180482

You posted,

"Hi everyone, I'm new here and found this site while brousing the internet. I have a TDIU appeal in the works. The VA originally denied me but didn't address my SSD at all and then denied for some stupid reason. Actually, they used a symptom of my depression against me in denying my claim.

I immediately file an appeal for reconsideration and was informed just recently by my VSO that they (VA) has decided to reverse my denial for IU on basis of CUE with a projected completion date of January 1st.

What is a CUE and it this good for my IU claim? Also, does anyone think they are reconsidering my claim because they didn't address my SSD on the original denial?

These are questions I have and I appreciate all input.....

Sincerely, Jerr"

jerr,

You received a Rating Decision that you filed a Request for Reconsideration on

(which also most likely contained some additional medical evidence),

the RO looked over your evidence and called a C&UE ON THEMSELVES

and has now reversed your denial of IU.

This is a football field different than a claimant calling a C&UE on VA.

When VA calls a C&UE on themselves - then the claimant does not

have a zillion things that they have to consider.

I say to you - thank your lucky stars, ten fold.

jmho,

carlie