How Many Have Pending Cue Claims

[pacmanx1]

I have two pending CUE claims, I am just curious of how many of us have pending CUES. My Cues has recently been remanded back to the RO a second time for re-adjudication or SSOC, they go back to 1997 and 2002

[JustPLS]

I have claimed CUE on a tinnitus claim from 1974. I was granted service connection in '74, but no compensation. I have learned that only tinnitus resulting from acoustic trauma was considered compensable back then. Mine was caused by an enemy rocket blast, but in my original decision there was no mention of that. The Winston Salem VARO notes from the time said my Vietnam service was "not documented". I haven't heard anything from the VA yet.

[john999]

I have a CUE claim at the BVA going back to 1971 for 100% rating. I have a lawyer and the rest of my life to wait.

[acesup]

I have claimed CUE on a number of errors regarding my initial claim(s) from 1974, as well as for my claim(s) for increase and IU filed in 2000. These errors were committed at the VARO level, and there was no appeal, so it is my understanding that VARO will handle the CUE. My chief complaint is that relevant evidence from SMR's that should have established service connection was not considered, plus even VA C&P evidence was ignored; also, that implied/inferred claims were overlooked.

If my CUE claims fail, I plan to re-institute them from a different angle; first, in 1974, VA never communicated to me that I had the right to appeal decisions. Then, regarding the IU claim in 2000, (it was finally denied in 2002.)...six or seven months later, I was deemed "unfeasible for employment" by VR&E. It is my understanding that this should have triggered the VARO to reexamine my status, and since they did not, the 2000 IU claim should be regarded as unadjudicated.

I will also initiate these at the VARO level.

[Berta]

I have CUE pending ( it Better be pending- I have not had time to check on it)for lack of proper SMC considerationin a final unappealed 1998 decision under a 1151 award.

I am also going to prepare another CUE-need to somehow find time for this one- after I ask the VA to CUE itself again on a recent award letter decision.

They had the nerve to suggest -as one reason for denial of SMC accrued-that the deceased veteran never asked for SMC as one reason for denial.

SMC is by statute an inferred issue. NO vet has to ask for it- they are paid to consider it as part of their job MOS whenever the medical evidence warrants consideration.

They dont want to consider it because it involves disabilities that should have been rated at 100% under 1151 as well as AO direct SC and ,after reviewing my last 15 years of VA crapola I am convinced that they dont want to pay me any more cash (SMC accrued)because they think I got enough already.

It is the law and regs that dictate what VA will pay.

BTW the CUE above under 1151- since filing this CUE in 2004, the VA has not considered a single piece of my legal evidence at all.My other claim pending with this one- sameo sameo -it took VA (the BVA) seven years to actually read my evidence.

This is the same RO that denied my 1151 claim even after they got the FTCA settlement papers.And would not pay me a DIC offset until I pressured the OGC to pressure them.

I think I am number one on their western NY sh-t list.

[john999]

I think not providing appeal rights is not exactly a CUE. I also pointed out that I did not get appeal rights in 1971 decision. Not providing appeal rights either means claim is still open or some other avenue. I also am saying the VA ignored medical records that would have resulted in 100% rating. Since this happened almost 40 years ago it is only by looking at C-File that I found these errors. However, VA did not provide me with complete C-File. How do you get due process when BVA has file three times as large as yours. The basic idea of due process is that both sides have access to the same evidence. The VA system is paternalistic and at the same time disregards legal process.

The whole process stinks.