Definition Of Term Please

[bigvic]

To you it may be a dumb question but I just have not learned these terms in this forum yet. I'd rather ask and look silly than never know...

Bigvic 100% P/T Severe Spinal Canal Stenosis

Sorry for the double post I got the answer from Vicky!!!!

Edited April 22, 2006 by bigvic

[Berta]

A CUE claim is a collateral attack on the legality of a past final VA decision.

The vet has to prove that the VA made a CUE- clear and unistakable error -by virtue of improper application of regs in 38 existent at the time of CUE.

The CUE has to have a result that manifestedly changes the outcome - ie: more retro due the vet.

There has been much discussion here on CUE claims-

I have one pending- it fits into their criteria

1.1997 VARO decision that was final and never appealed

2.clear erroneous application of established VA case law and regs at time of CUE (1997)

3. manifestedly altered outcome- years of SMC retro at R-1 level

The evidence:

1.copies of VA regs from 38 CFR stating SMC consideration given and applied when warranted- 1997 regs

(The vet was 100% SC and over 100% "as if SC" under 1151)

Copy of OG Pres Op for NSC vet who got SMC under 1151 (1151 disability is part of SMC consideration)

Copy of letter from CHAMPVA stating VA said the veteran's 1151 disabilities were total and permanent.

Copy of final decision which denied SMC and copies of additional statements by VARO that SMC was not applicable in this vets case "under any circumstance"

Manifestly different outcome- large retro amount due to erroneaous application of SMC regs in 38 CFR. in 1997 decision.

You might have potential on a past decision you mentioned here (1980) ???never appealed???

CUES do not involve medical determinations-or any failure to provide Duty to Assist -however if the diagnostic code or any other part of the decision was legally incorrect and you never appealed that old decision-and the result was that-had they not committed the legal error, you would have succeeded in that claim-or it would have involved retro-

you could file a CUE claim on it-

CUES are best studied at the BVA and the CAVC web sites- to see how the VA interprets them-

I say keep them short and to the point.

State the date of the final unappealed decision (enclose copy if you can)

State the regs at time of this decision that were erroneously applied.

Tell them how they committed the legal error regarding your past claim

and tell them what the error cost you in unawarded benefits.

This is a legal challenge, not a medical one-

One vet won a CUE back to 1953 -I posted info here at hadit in the past about successful CUE claims.

Edited April 22, 2006 by Berta

[Berta]

forgot to post this too-

TDIU- CUE claim-restoration of TDIU awarded:

http://www.va.gov/vetapp03/files/0319228.txt

The veteran clearly stated how the regs in 38 CFR were broken.

The CUE was obvious- one reason that CUE claims fail is that the veteran did not state the actual regs that were broken or misapplied by the VA.

Therfore the VA cannot decide a CUE claim without these specifics, as it is a claim regarding a special legal issue and error and not a medical one.

[bigvic]

Thanks Berta...