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63Charlie

What happens when the Agency of Original Jurisdiction receives a Motion for CUE?

Question

 

Is the CUE separate from a NOD as it pertains to the VA breaking regulations/laws which weren't raised in the NOD.

Does a CUE move faster?

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Not sure this will answer your question but its a good read on CUE.

Because a claim for CUE is a review of an already "closed claim" also known as "final decision claim", special rules apply:

the "duty to assist" does not apply. This means that VA does not help a claimant with a CUE claim. 

a CUE claim must contain specific and detailed statements regarding the error:

how that error affected the decision, and

why the decision would be different (more favorable to the claimant) if the error is corrected. Merely stating that CUE occurred or general statements similar to those in a benefits claim are not enough. For example:  a decision awarding benefits based on a single gunshot wound when the veteran had two gunshot wounds is a CUE. A CUE claim asserting that a gunshot wound was more painful than VA concluded is clearly not a CUE.

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.

Errors that cannot constitute CUE, pursuant to 38 C.F.R. sections 20.1403(d) and (e), include:

(1)   a changed diagnosis, where a "new medical diagnosis . . . 'corrects' an earlier diagnosis considered in a Board decision;"

(2)   VA's failure to comply with the duty to assist;

(3)   a "disagreement as to how the facts were weighed;" and

(4)   a subsequent change in interpretation of the statute or regulation that was applied in the Board decision.

 

: Source ''AskVeterans First''

 

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<<<<<<<<<<Does a CUE move faster?>>>>>>>>>>>>>>>>>

Yes and no. A recent CUE is more likely granted- especially if it is a matter of case rather than controversy. CUE claims are assigned to the Appeals Team and a Coach who will be a GS -14 or higher in the newer segmented lanes model VA now employs. 

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