Should I File Cue Now?

[Cavman]

I have an appeal at the VA and a new claim at the VA presently. I am going to file a CUE for a related, but different matter. I think I probably should wait until at least the appeal is completed before starting the CUE. Thoughts....please.

Cavman

[Wings]

IMO, You have plenty of time!

You gotta raise the issue of CUE before it gets to the Veteran's Court http://www.vetapp.gov/

The COAVC may review claims of clear and unmistakable error (CUE) in prior final decisions ONLY when such claims have been properly raised to and adjudicated by the Board of Veterans Appeals (BVA).

[Guest jstacy]

If the related issue is concerning a final decision, Then go ahead and file the CUE, It should have no bearing on your appeal. Why would you waste 2 to 3 years in doing so? Wait a year, Then wait another year for the VA to mess around with it.

To file a CUE, with have to prove that the VA committed legal error on a claim.

Good Luck

[Wings]

x

x

Prevailing on a Clear and

Unmistakable Error Claim Is Unlikely?!

written by PVA - see attachedCUE.pdf

[john999]

Wings

I read the article you posted about the CUE. It seems like the VA has made it easier for a camel to go through the eye of a needle than for a vet to win a CUE. Is it just a fake move to get veterans headed down a deadend? It seems like it. I filed one recently and I have little hope I will prevail but I just could not resist doing it.

[Josephine]

Wings,

I read the article on Cue.

What do you call my claim?

I know that everyone is tired of hearing of my claim, because it has possessed my every minute.

I filed my first claim in 1978, for Chronic Anxiety, Depresssion and Headaches, as I was discharged in 1964, with one year of service. I received from the Va. a letter from a Counselor stating you are not service connected. I didn't even make it to the rating board with no option to appeal anything.

I filed again in 2002, same happened!! This time I did make it to the rating board.

In 2003, I received a pension due to all of my non-service illnesses or chronic anxiety disorder, depression, headaches, diabetic, and heart disease.

As soon as I received the pension I pushed my way through to see my claims file, as they refused to allow me to see the file, as it was always with a rater or somewhere.

I ask the counselor, " where are my Psychiatric Reports?" He stated your C-file is complete. No need to look for any more records, we have them all.

I told him then The Psychiatrist at the Compentency Review Board, sure didn't think much of me, if they didn't bother to write anything down.

I immediately wrote to the St. Louis Archives and there were all of my Psychiatric Records and the Letter of Recommendation by my Commanding Officer.

I immediately turned these records in and opened my claim.

It wasn't until I turned in these psychiatric records that I even received a c&p, which was Chronic Anxiety not other wise specific with depression.

Another C&P followed, this one with nothing bothered her in service, although I was taken Cafergot for a headache and Librium for my nerves.

The C.O said I was in the state that I couldn't perform the most menial task.

I know that in 1978, when the counselor saw my DD214 with the code of 460. He knew that there were Psychiatric records, but didn't bother to get them.

I went to the BVA and now Remanded to The Appeal Management Center. I did not state a claim of cue, but let them know that they violated my rights by not securing those records upon my first filing of 1978 and again 2002 and 2003.

I ask for payment back to 1978.

I ask for another C&P and a Supervisor at The Management Center has my file to see if I should have another examination.

What is my case called, besides ignorance on the part of the Va.

Thanks,

Josephine

Edited September 29, 2006 by Josephine

[Guest jstacy]

The VCAA of 2000 put the responsibility of the shoulders of the VA to get all records in the posession of the Government. Not getting your records was in direct Violation of the ACT. You may not get paid back to 1978 as things were different before 2000< However, you can use the new criteria of Rin 2900-AM15 (recipt of evidence for an earlier effective date. ( Service records) Maybe back to 1978) Even if a claim was final, and the service record shows the conditonm existed in service, You should be entitled. As the Geico commercial goes, Payback, This time it is for real.

Edited September 29, 2006 by jstacy