How Do You Instigate A Cue Claim &

[Guest Jim S.]

Well, I knew it would take awhile, but I didn't plain on denials across the board. They didn't even give me the C&P I had asked for and my VA Rep had asked for with assurances that they would. Of course that was a Verble assurrance that they would conduct one to get a deffenative answer on my problem

What I need to know now, is how do I present my CUE claim that I have been working on, it seems that this is the only way I am going to prevail. Who do I send a CUE claim to and/or where tp send it to?

I want to know, since the last time I sent a CUE claim to the VARO, they took as a claim to reopen and didn't seem to know what a CUR claim was.

I am at the stage that my claim to reopen was denied, due to no new and probative evidence to use to make a case for.

My CUE claim is pretty spacific and I believe it would go further than my claim to reopen did.

I just want to make sure that the CUE claim gets to the cottect place, I can't trust the VARO to forward it to the correct place.

Jim S.

[Judy]

This is the first I have heard or read about a "CUE". Totally new to me as is this whole procedure of reopening an old claim. After reading these posts in this particular thread I believe that I have a "CUE" here.

Berta, do you recall that I stated my original case was denied due to death certificate reading "Arterialsclerotic Heart Disease" (no autopsy done) and they said not connected to his SC of Lymphoma/Lymphosarcoma/Hodgkins disease? I also stated (relating to possible CUE here) that the medical records they HAD in their possesion showed he complained of chest pains a few months prior to death and ALSO the VA had sent him to Baylor for sleep lab eval which was returned to VA reading "abnormal PAC's and PVC's (heart rhythms etc) were observed on many occasions and we recommend this patient receive a cardiac evaluation".... the report was withheld from US and the VA did nothing about follow up on this Baylor report which is dated March 3, 1990. He died August 8. 1990 of apparent heart attack/failure at home.

Does this constitute a basis for CUE?

I have contacted Dr. Bash and am waiting to hear from him. Thank you all for your assistance. I am truly wanting to go at this in a way to get retro pay; it has been a long long road already and its not over yet I realize.

Thanks,

Judy

[john999]

Pete

I did file a CUE claim. Tell me again how to file for housebound? I think I am going to file for it. My one problem, of course, is that I am TDIU and not 100% schedular. I worry about another C&P exam from a VA shrink. If has often gone bad for me. I filed my CUE all the way back to the day I was first rated. I was homeless, jobless and clueless and I got 10% rating. Like you I doubt I have much chance but I threw the CUE against the wall to see if it will stick. So far I have been denied for bogus reasons.

[Berta]

Judy-if your claim is still in the appeals process -there is no basis for CUE.

If you have a final decision on your DIC claim and the decision is out of the appeal timeframe, then you could raise a CUE issue.

However Cue does not involve any medical interpretations or medical assessments of evidence - it solely involves whether the VA made legal errors in the denial decision.

There is a lot of info here under Clear and Unmistakable Error claims.

[Pete53]

Pete

I did file a CUE claim. Tell me again how to file for housebound? I think I am going to file for it. My one problem, of course, is that I am TDIU and not 100% schedular. I worry about another C&P exam from a VA shrink. If has often gone bad for me. I filed my CUE all the way back to the day I was first rated. I was homeless, jobless and clueless and I got 10% rating. Like you I doubt I have much chance but I threw the CUE against the wall to see if it will stick. So far I have been denied for bogus reasons.

John:

I had my Primary Doc fill out the VA Form and send it back to me. I mailed it with a letter telling the VARO I wanted Housebound and asking why it was not given to me when I was awarded 100% P&T For Panic Disorder with Agoraphobia, In Feb I had a C&P and in March I was awarded Housebound with effective date Dec 2006 so I appealed and asked for a Hearing which I will have next week.

My VSO was worthless but did give me the form. My VSO is still worthless cause he said to get A&A I needed to have other Service Connected Disabilities of 60% and was surprised I won in the first place and has no clue why I appealed.

[john999]

Thanks Pete

[Judy]

Berta,

I wish I knew more and wasn't so new to all of this. My DIC claim was denied by RO in 1990; appealed in 1991; remanded by BVA 1991 and again denied by RO in 1992.

Later in 1995 I wrote to The President who forwarded my letter to BVA and in 1995 I received statement that they had received the request from The President, reviewed the RO decision and that the denial would stand.

Where does that leave me? Do I reopen the case? File 1151? File a CUE? I'm in possession of ALL documents and medical files, all correspondence relating to the case (VA, BVA, President etc) but am confused.

Thanks,

Judy