Filing Of Cue

[RSG]

can't seem to find out what more, in the way of forms or paperwork, I might need to file a CUE. over and above the Letter or SOC I am mailing. Is there anything else I need to do...

RSG

[JamesBreckenridge]

A simple statement alleging what the CUE us will be enough. A 4138 will suffice. Are you sure you don't mean an NOD for appeal, or a request for reconsideration?

A CUE is not a judgment call. It has to be pretty blatant where any rater would say "Thats wrong."

[john999]

I would run your CUE by someone who knows exactly what a CUE is and then if the VA denies it get a lawyer. File your CUE, but expect a denial. Then you send in your NOD and hire a lawyer to fight this thing. If CUE's were cut and dried there would be no BVA and CAVA.

[jbasser]

Yes John you are correct.

remember that a CUE is a collattarel attack on a final decision.

You have to show them ehere they made the legal error and how it affected you or caused you harm. (Cost you money).

It can be done.

J

[john999]

That's right, it has to be on a final and unappealed decision. This is something we forget. Really, this is a pretty steep slope to climb. Your CUE can only be based on the facts that were with the VA at the time or should have been in the decision. Also, the regulations at the time control if it was a CUE or not. Today we have the VCAA. You can't file a CUE on not getting VCAA right 25 years ago. I suggest that vets look at their horrible old decisions from 30 or 40 years ago. The VA played fast and loose with the facts in those days. Review your two page decisions and see what you think.

[carlie]

Even not getting a VCAA letter now - is not a CUE - it's a procedural error of due process.

[RSG]

The CUE has nothing to do with this claim for IU..The CUE is for the past 40 years, since 09 to 69. The VA continually denied me any and everything for this period of time time.....They never gave me any C&P's , absolutely nothin for all those years even though I have struggled with this mental health issue for a very long time..Since 69.....That is why I am filing...RSG