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Reason to file Cue.?
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Buck52
If a veteran finds some decerpises in an old close claim and can prove the VA was wrong in applying the EED Would this be reason enough to file a CUE or undebatable decision on the VA?
If veteran was approved for a service connection at 0% and later on was increase to 50% 5 years later is the VA required by VA Law to go back to the 0%date and add the 50%rating compensation?
although in the decision award letter it stated they are only going by the date the veteran filed for increase.......this is a little hard to understand but this is the best I know how to ask it. I just don't trust a VSO to ask.
Undebatable:
Further, the alleged error must be "undebatable," not merely "a disagreement as to how the facts were weighed or evaluated." Russell v. Principi, 3 Vet. App. 310, 313-14 (1992) (en banc). The error must have "manifestly changed the outcome" of the decision being attacked on the basis of CUE at the time that decision was rendered. Id. at 313-14, 320; see Bustos v. West, 179 F.3d 1378, 1380-81 (Fed. Cir. 1999) (expressly adopting the "manifestly changed the outcome" language in Russell). A mere disagreement with how the facts were weighed or evaluated is not enough to substantiate a CUE claim. Damrel v. Brown, 6 Vet. App. 242, 246 (1994).
CUE WARNING:
A veteran can only claim CUE one time for each decision. This means that if a claimant files a CUE claim and the VA finds that the claim does not contain the required level of detail, that CUE claim is lost forever. For this reason, claimants who believe that they have a possible CUE claim are strongly urged to seek advice from a VSO, registered agent, or experienced attorney.
Anyone want to take a shot at this?
Thanks
.............Buck
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