Cue Simplified Maybe

Berta · February 16, 2015

I have posted much info here on my multiple CUE claims.
Most of the stuff might be about my 1151 SMC CUE.

I cant find my 2003 IHD CUE on my PC .It is there somewhere, I read it the other day in my C file, and basically it went like this:

'This is a claim under CUE, 38 USC, 5109A

The Veterans Administration made a CUE (clear and Unmistakable error) on a decision I received on January 30th,1998.

The VA had malpracticed on my husband, to include on his heart disease, as found within that award for 1151 DIC ( decision enclosed as Exhibit A, and I call you attention to "multiple deviations from a usual standard of care"

The VA failed to give his ischemic heart disease ( as evident via the FTCA settlement info) (enclosed) in addition to the award statement of malpractice, any diagnostic code or rating at all.

Their failure manifested an altered out come to me,under Section 1151, 38 USC , as I had applied for accrued benefits within months after his death.'

That was basically it

and that, along with the 2004 1151 CVA CUE was all handled together for my Nehmer award.

They awarded not under 1151, but under direct SC for the IHD.I could still file under 1151 for the IHD but that would not affect me financially. The pending CUE will

I followed this above up with the SMC CUE, that also contained 3 legal errors. That claim was very short as well and I referred to enclosed proof of their legal errors.

The medical evidence had already been established by VA at time of the decision being CUEd.

Their error manifested an altered out come of about 35 thousand all in all...in that 2012 award.

VA cannot handle lots of extemporaneous legal or medical jargon in this type of claim.

They shouldn't have to.

The legal error (s) they made must be clearly stated and you need to enclosed the decision they made those errors in.and cite the CUE is filed under auspices of 38 USC 5109 A.

If the rating of the specific disability at time of the decision did not raise to 10% or greater, based on evidence they had, there can be no CUE.

I have 2 CUE claims pending. One has 13 pieces of legal evidence and the other has only one piece, from VA Central.

The main claim's legal evidence warrants a continuous 22 months at 100%, plus SMC and 2 dependents, because it legally supports the established medical evidence at time of alleged CUE.

The other claim I already posted here somewhere....1151 HBP.

Medical evidence ,such as the C & P exam the same month/year of the EED date in the award letter, I cued ,at which a VA neurologist stated the veteran was permanently and totally disabled by his 1151 stroke.

Not only was I present at this C & P, but the C file contained that C & P for over a year before my husband died.

Established documented medical evidence at time of alleged CUEd decision.

That C & P exam was established medical evidence , prior to their 1998 DIC award letter and their 2012 award letter, that VA ignored.

My point is that a legal error can involve medical evidence, but the medical evidence Must have been established by VA and in VA's possession at time of the alleged CUEd decision.

And anywhere at the VA.And might not be in the C file.

Edited February 16, 2015 by Berta