Reason to file Cue.?

[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

[Buck52]

Roger that broncovet

I believe PR mention some of what you mention here.

''Your effective date is the later of "date filed" or "facts found".  The facts found is the date the doctor documented that you were disabled (or had an increase).  There are exceptions to this general rule, and those exceptions are in the post that Berta and I mentioned.''  

I re  requested my C-FILE using the 21-3288  as  Alex suggested.

 The records I have from back then are in a mess or missing  so I definitely need my Underacted C-FILE, I do Have copies of the original award letter/reasons and bases and the  complete court transcript of the DRO Hearing and some records about how they give me the EED they did and why...basically said although I showed to have stopped working in 1999 b/c of my SC Disability  we have assign a EED on the date you filed for increase. which to my recollection was in 2002 approved the increase claim in 2003

(this is a record I need to find) I stopped working in 1997  because of my SC Disability and have the SSA Records to prove that, so by them saying I showed to have stop working in 1999 is untrue.  error on there part  from how I understand it.

I have found actually 3 errors on there part...but need my C-File to put it altogether. 

Thanks

................Buck

Edited April 28, 2016 by Buck52

[Guest]

7 hours ago, Buck52 said:

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.

Buck, this may not help your particular situation but to inform everyone else using your scenario. If and I say if a veteran is granted an increase of a particular disability that s/he was denied or even granted and lowballed, if the veteran has bona fide medical evidence that s/he should have received that rating increase in the original decision then the veteran should immediately file a NOD. The veteran can file a CUE on the old rating decision and a NOD on the new rating decision but the NOD on the new rating decision with medical evidence should warrant an EED with retro pay due. Of course VA will try their best to fight this decision but it is alway better to file a NOD than a CUE.

[Buck52]

Thanks Pete992   you have some good information its interesting!

I think its best for me to study/read up about CUE's and how to apply them and wait on my C-file, I hope I get it in digital CD  and not boxes of paper. (we'll see?)

I needed to know how to go about asking for this to be corrected  if there is an error on VA part?

  what  to file and how for them to consider it  because its not a denial of an NOD it would be a  CHALLENGE with the EED the VA  applied.

I know I need  the established medical evidence for my proof.

So right now I'll just withdraw my questions and statements  here on hadit about this particular issue until I can get more information and find out what it takes to apply for and correct EED after 15 or so years.

.Kinda makes me look bad just now wanting to get this corrected  if I can prove the CUE.

...Actually I had forgot about it until my PTSD Claim last year   and I started checking my records here at home & Remembered what Flip had mention.

Flip ad I had a slight disagrement because I hired a DAV Rep to be with me at my DRO Hearing and Flip freaked out.

I was new to all the VA Claims back then and didn't won't to put my foot in my mouth or say wrongs things at my hearing....I needed someone to help me back then and Flip and I had did everything through email and he talk to my wife on phone cause I could not hear on the phone.

I may not have a CUE but don't hurt to investigate to see if I do!

Anyway Thanks For all your help.

.................Buck

Edited April 28, 2016 by Buck52