Where To File A Cue?

[USNDW]

Helping a friend file a CUE for a bad rating back in 2005 and am a little confused where to file it.

The RO that has his file now is here in the local area. His original claim was processed by a VARO a couple of states away, and they are the ones who made the error (we think) in the original decision. He never filed an appeal from the claim and after his claim was complete the VARO sent the file back here to the local VARO. I think maybe they were too busy here and farmed it out because I know a couple of Veterans in this area who had their claims processed at the same VARO a couple of states away.

Any help in recommending where to file would be great.

[USNDW]

We have already discussed that. Based on the medical records I checked out I think probably a 40% and 20%. I think maybe if they offered a 20% and 0% through 2010 he might be happy with that. I think we will just send it to the VARO that now has his file and if they want to send it somwhere else they can.

It could be a pretty good amount of backpay, or it could be just 10% from 2005 to current. Still a lot of money but not like a 40% & 20% Bilateral that I think may be warranted. We'll know more when we get the C file.

Thanks again.

[Berta]

CUES depend on having prior established medical evidence.

They might have used the wrong diagnostic code and then used the wrong percentage in the decision you are attempting to CUE.

If the established medical evidence they had at time of that decision warranted a different DC or percentage, therein is where the CUE is found-if it in fact involved a higher or compensable rating at that time.

There are many good examples of successful CUE claims here in the CUE forum.

[USNDW]

Thanks. After reading the decision it is pretty certain they had the medical records. At first I thought it would be new & material evidence.

The code they used was not for DVT or post phlebitis. Until we get the C file we cannot really send anything. And as soon as we get it I will be coming and asking for the excellent help I have been getting.

Thank you