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Berta

Bump Up Cue Info

Question

I was denied permission on a pop up to post this but it is in the thingy on the right side of the main board.

It involves How I did it CUE post.

"Bumping it up

Try to write the CUE basis in one paragraph.

Refer to and enclose copy of the past denied decision you are filing the claim on. Include the rating sheet.

Send it to the RO who made the CUE. Get a roof of mailing.

Enclose the rating sheet from the decision because It contains the ratings for the established medical evidence.

Clearly define the regulations they broke and refer to the decisionas to how the misapplied them or ignored them. Copy those regs from 38 CFR or Use and/or M21-1MR and paste it with a hyperlink into the CUE claim.

Or refer to the regs and attach them.

Tell them why the error cost you money.(how it "manifestedly altered the outcome” of that specific claim.

No superficial rhetoric.... this should only take one page or maybe one additional page , including a list of your enclosures.

If my new claim is denied, which I dont expect, I will then file a CUE on a past decision regarding the same issue.

NVLSP agreed with me as to that scenario a few months ago but I want to try a different approach first as 1151 claims have no time limit restrictions.

The potential CUE will be simple:

My husband's HBP was given a NSC rating in a 1998 decision I received.

The medical evidence VA said they had from VA Central for the 1998 1151 award letter reveals the extensive malpractice of my husband's HBP and an 'as likely or not "statement from a head VA Central cardio doc.

The award failed to properly rate and consider the 1151 factor regarding the 1998 award.

I cite and also enclose copy of M21-1 Part IV ,March 19,2004, Change 113, under 3.09 ISSUE, as highlighted for your consideration.

Please prepare and award the proper retro payment as an accrued benefit to me ,under this clear and unmistakable error in the enclosed decision.

(I sure might throw in more legal beagle stuff but basically that is all there is to a CUE claim.(

I could actually use the CUE award I got in January as evidence too.

However, the BVA has denied or dismissed many CUE claims because the claimant did not clear define the regulations or statute that the VA broke.

Those claims are usually dismissed by the BVA without prejudice, meaning if you word the claim a little differently and identify the exact regs they broke, it can be filed again as a new CUE claim."

I think I have made too many posts today already.Maybe why permissions was denied.

dont know if this will go through.

I dont mind though as I have been repeating CUE info ad finitum for years now and I consider the denial pop up as a Reprieve!!!!!smile.png

Everything I know about CUE is here anyhow.No sense in repeating it over and over again......it juuuust has to be read.

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