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[Zootopia3000]

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Edited August 4, 2017 by Zootopia3000

[lotzaspotz]

Carefully review the evidence list. Was all the evidence you submitted on the list? Was it in fact discussed in the rating decision? If there's any evidence you submitted that's not listed, or if it was listed but not discussed, then it was not considered and that may be grounds for a CUE. Most of the CUE's I've filed that have succeeded did so because evidence was not acknowledged and addressed, and when it finally was addressed, the claim was approved. There has to be a lapse in the VA's duty to follow due process (for instance, considering ALL evidence on record, or misapplying the appropriate rating criteria) that would probably result in a different outcome, and not merely a difference in interpreting medical evidence submitted and discussed. If you underwent a C & P exam prior to the decision, you may want to get a copy of the results before you file a CUE to figure out how the VA reached its conclusion, and to compare what the examiner said to what the rating decision said. Don't assume they line up with each other, they often don't. Or the VA will put emphasis on one part of a statement, but totally ignore another part that qualifies it enough to give the veteran grounds to benefit from reasonable doubt.

You can also request a review of the decision by a decision review officer (DRO), but if you do, I suggest sending photos of your condition -- broad area shots and close-ups, as well. This is important for skin conditions and scars, it's true that a picture is worth a thousand words.

The CUE that I recently filed for another veteran (actually five of them) took six months from the date we filed the Substantive Appeal, but were all approved back to the original date of claim.

Edited January 27, 2014 by lotzaspotz

[FormerMember]

Hold the phone .cowboy, If you just received the decision, you file a NOD, not a CUE. CUE is for when the decision is final and over a year old (unappealable/aka your time to object expired.) If it is a recent denial, it is just a "simple" NOD. You could also submit new and material evidence with the NOD provoking a de novo (brand new) decision under 38 CFR 3.156(b) (Evidence submitted within the appeal period is assumed to be related to the claim and must be examined to determine whether it is New and Material). If so, a new decision must be issued along with a SOC if they deny. Then file the Form 9 and proceed to Go! Don't make it harder than it has to be. There is a time and place for CUE but this isn't one of them-assuming your right to appeal it has not expired.

a

Edited January 27, 2014 by asknod

[Zootopia3000]

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[lotzaspotz]

True, didn't focus on the timeline and asknod is absolutely on target, you have time to disagree. Still, when you do your NOD, see if your evidence was addressed and send pictures.

[Zootopia3000]

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[broncovet]

Nod is correct. CUE is NOT what most Veterans think it is. It is best to think of CUE as a "Standard of Review".

UNLESS the Veteran can not meet the "lower" review standards, he is best not to raise the bar with the CUE "standard of review".

For example, if you failed to file the NOD timely, within a year, then you would consider filing a CUE, as the NOD would not be an option for you.

However, during the one year appeal period it is rarely a good idea to make your claim more difficult to win by filing a CUE when a NOD will suffice.

I recognize there is a temptation to hold the VA accountable for their "clear errors". However, congress can not/will not hold VA accountable, so what chance do we have? The goal is winning your claim, not embarrasing VA. A campaign to embarrass VA could backfire.