Another Cue Question

[RSG]

Can anybody tell me what the VA's protocols and or procedures are for a CUE claim process?

tnx, RSG

[jbasser]

A Cue claim is filed just like any other claim. a 21-4138 will do.

You should word the claim accordingly.

Example:

I am filing a claim based on a previous decision (DATE) that I believed to contain clear and unmistakeable error (CUE).

The Basis for this cue are as follows: (What the VA did to cause the CUE) (This must prove legal error and have caused you some Harm) (Cost you retro)

Cue's are not easy to do but one can be successfully done.

J

[Berta]

That is a good question-

They might read your evidence and make a decision within a year or more.

The VA fights CUE claims so they might deny it without reading your evidence at all.

I was told by someone at VA that CUE claims are handled by specialists at the VAROs.

In my case, that might be true but I have yet to get anything that makes sense from their CUE specialist.

They do not have to send a VCAA letter on a CUE claim.Oddly enough the former VSM at my VARO promised to send me one in a 2005 letter regarding my other claims. I held her to it- and the VCAA letter I got really didn't help much.I had to resend to them what I had already sent.

I filed mine in July 2004 and they have yet to read my legal evidence.They have sent SOC and SSOC etc- but I questioned these responses because the information was incorrect.

I filed the I-9 about a year ago and it was set for transfer to BVA per 800# last month but I again wrote and told them of their inability to properly prepare the I-8 for transfer because they still failed to read my legal evidence-an OGC pres op,(maybe 2 I forget), 4 BVA decisions which regard the exact legal aspect of the CUE,(SMC consideration) and citations from M21-1MR, 38 CFR, etc that stood as the regs at time of their alleged CUE and my right to this as an accrued award.

My legal evidence list was almost an entire page and I had the source citations attached or quoted with hyperlinks.

About 3 years ago the VARO had completely manipulated the CUE into something else. That too had to be explained to them that they were wrong.

I hoped by now- 6 years later I would have a legitimate and logical VA response from the VA to post here and that could help someone else with a CUE claim.I have never gotten that yet.

When they got my last request last month not to send the CUE to BVA without correcting their SSOC errors and with my expectation that they must read my legal evidence, the claim was re assigned early this month and suddenly has been sent to the Nehmer Co-ordinator in Philadelphia- as this claim impacts on my recent AO claim they have sent there too.

I guess my long point here is-

if the VA can continuously disregard any legal evidence on CUE,although I was fightng that point at the VARO level-the BEST place for a CUE to be -might well be at the BVA.

BVA lawyers can read.

Since the VA has successfully stalled decisions, for years now, on fully valid disability comp claims- in my opinion, they will also stall CUE claims as long as they can.

I have had better experience asking them to CUE themselves during the appellate process.

CUE is a "collateral attack" on a VA decision.They don't like to be challenged on their application of the legal regs.

It is bad enough for VA that veterans continuously challenge them on SC decisions and many many vets prove them wrong.

(My CUE -I have also stated many times to them, is a Moot issue with the same proper accrued SMC award under Nehmer.I have mentioned this in the AO forum here as I would think their could be Nehmer widows/widowers now and even AO vets with CUE claims never resolved to their satisfaction that could now be part of the Nehmer Class action due to the 3 new presumptives.)

The issue the VARO erroneous re- characterized the CUE claim with 3 years ago-was for cardiovascular disease with secondary CVA.

My Medical evidence for a different claim -awarded by the BVA last year-

was used in place of the Legal evidence for the CUE.

After a long battle over that ,they then re characterized it again-but someone up there suddenly recognized the Nehmer aspect of the CUE and sent it to Phladelphia with my AO IHD death claim.

Edited September 8, 2010 by Berta