Cues Vs Nods

[pacmanx1]

This is my opinion

OK, the crazy one here, I notice a lot of veterans filing claims of CUE after they get a rating decision or they are told to file a CUE claim after they get a rating decision that they disagree with. A veteran can file a claim of CUE at any time but due to the fact that the VA recently made a decision, Filing a claim of CUE will just frustrate the system and frustrate the veteran. Keep in mind the definition of what a CUE means. According to the CFR a CUE is defined as: §20.1401 Rule 1401.

(a) Issue. Unless otherwise specified, the term “issue” in this subpart means a matter upon which the Board made a final decision (other than a decision under this subpart). As used in the preceding sentence, a “final decision” is one which was appealable under Chapter 72 of title 38, United States Code, or which would have been so appealable if such provision had been in effect at the time of the decision.

(b) Party. As used in this subpart, the term “party” means any party to the proceeding before the Board that resulted in the final Board decision which is the subject of a motion under this subpart, but does not include officials authorized to file administrative appeals pursuant to §19.51 of this title.

3.160 Status of claims.

The following definitions are applicable to claims for pension, compensation, and dependency and indemnity compensation.

(a) Informal claim. See §3.155.

(b) Original claim. An initial formal application on a form prescribed by the Secretary. (See §§3.151, 3.152).

© Pending claim. An application, formal or informal, which has not been finally adjudicated.

(d) Finally adjudicated claim. An application, formal or informal, which has been allowed or disallowed by the agency of original jurisdiction, the action having become final by the expiration of 1 year after the date of notice of an award or disallowance, or by denial on appellate review, whichever is the earlier. (See §§20.1103 and 20.1104 of this chapter.)

With all of this said, I know that there have been some veterans/widows who have been successful in asking VA to CUE themselves but this is rare and CUE claims can take years to be resolved. In most cases after a decision is made, if the veteran disagrees with it, all she/he has to do is file a request for reconsideration or a NOD. Keep in mind that filing a request for reconsideration at the RO level does not stop the NOD time frame. If the veteran disagrees with the request for reconsideration she/he will still have to file a NOD. Also keep in mind that filing a request for reconsideration at the RO lever is Reopening the claim.

Yes, I fully understand that some of the claims fall in this CUE category but if a veteran has just received a Rating Decision the best action at this time is to file a NOD (Notice of Disagreement) and go from there. By filling a NOD for an EED or for a higher rating percentage should result in the same outcome as filing a CUE except the strict standards that a CUE claim must meet. Keep in mind that the evidence of record and the rating criteria at the time of the original rating must prove that the veteran should have been awarded the EED or the higher rating percentage. I hope this help. The bottom lines are review the evidence and then review them again and remember you have a year to respond to the VA decisions.

[Berta]

Yes

their legal errors were:

lack of proper rating and diagnostic codes for a Section 1151 stroke

lack of accrued payment for 1151 stroke ( 22 months at 100%)

Lack of inferring the mandate of the SMC regulations.

Lack of any diagnostic code, rating, or payment of accrued for the 1151 IHD.

The Nehmer decision covered all of above and awarded IHD, but under direct SC and not 1151.

They awarded the CUES for the CVA and paid 100% accrued but for only 6 months.

The evidence I sent them for my pending CUE on this decision definitely proves the veteran was 100% P & T for 22 months.All of that evidence was in the C file when they made the 1998 decision, except maybe for one piece of evidence from a former VA Secretary.(RJ Vogel)

and I just found a letter also from Senator D'amato that I could still send it but they have plenty already.

Both the former Sec, former Senator D Amato, and every piece of evidence I had states the veteran was 100& P & T ,under 1151, for 22 months until he died.

He was declared 100% P & T buy a VA Neuro as well by his PCP VA doc for a student loan waiver and by Voc Rehab, as he, due to 1151 stroke, could no longer participate in Voc Rehab.

Also there is the fact that when I proved wrongful deatn (FTCA) the VA had failed to proper diagnose the stroke for weeks and then when they did diagnose it , they failed to properly treat it.

Just like his AO IHD.

I am sure others here have won CUE claims too.

Edited December 5, 2014 by Berta

[carlie]

RUREADY,

Your lawyer does not know what they are talking about.

Of course one can request the VBA to determine that a CUE error has been made,

even on a decision that has not yet, become final.

Now this does not mean that they will actually do it, or that they will concede an error was made

on the prior decision, or that they will even take any action on it at all prior to the one year rule

for the decision to become final . . . but a claimant can certainly request the VBA CUE themselves.

[RUREADY]

RUREADY,

Your lawyer does not know what they are talking about.

Of course one can request the VBA to determine that a CUE error has been made,

even on a decision that has not yet, become final.

Now this does not mean that they will actually do it, or that they will concede an error was made

on the prior decision, or that they will even take any action on it at all prior to the one year rule

for the decision to become final . . . but a claimant can certainly request the VBA CUE themselves.

If you could show me one decision that was cue before a final decision than it was not a cue

also Bertha says cue every decision but her own cue was from a final decision. As for as my

lawyer is concern you nor Bertha is not a lawyer. If YOU file a cue who are you cueing VA ,who made

the decision right? You can not file a cue until a final decision is made in which case Bertha CASE is

9 years old and is a FINAL decision and yes you can cue this because its final. I tell you what you do call

your RO or 800# or iris and ask this for yourself see what they tell you don't listen to the ones who told you this

find someone else. Asking and getting is another thing. Its funny how the lawyers say the same about you

don't know what you are speaking of but I can read and the decision was a final one but also I had forgotten

about this I thought my point was made but since you insist a cue is a prior decision or final decision

Edited December 8, 2014 by RUREADY

[RUREADY]

I forgot you can file anything you want doesn't make a claim

[RUREADY]

That's why they give you a chance to file a "NOD" which is a powerful tool for

the vets that's where you have your time to write a disagreement of why you think

the decision is wrong and why it is wrong. State your laws & regulations as to why you

disagree with the decision, ask question what ever makes you happy but at no time will I ask for

CUE knowing a cue claim has its own law that you have to prove a law was broken and how it would

make a difference in "their eyes" VA. NOD you still can get this right decision because its still in appeals. I will

file a "NOD" before I try any cue claim and this is jmho ALSO my attorney is NOVA certified so I think they

have a network of lawyers they can consult to about this.

Edited December 9, 2014 by RUREADY

[RUREADY]

haven't heard back did you call an attorney and ask or did some research on the matter

IF so by now you should know it don't exist and it should be told you and who thought so

were you can file a cue your self at anytime in a decision is wrong and why. because its been told

to a lot of vets that this is the right thing to file for but not the wait time to be denied again but most

VSO and attorney wont even let you file this BS.

Edited December 9, 2014 by RUREADY