Jump to content
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Searches Community Forums, Blog and more

  • Ad Free Subscription.jpgOne Time Financial Gift.jpg

    Subscriptions and Gifts are NOT Tax Deductible. HadIt.com is NOT a Non Profit.

  • 0
Sign in to follow this  
JustGettingStarted

Does RAMP CUE have to be in form of a motion?

Question

I saw on this site where a BVA CUE claim has to be in the form of a motion?  Is that still true and why?

If using RAMP, does a CUE claim have to be in the form of a motion?

JustGettingStarted

Share this post


Link to post
Share on other sites

4 answers to this question

Recommended Posts

  • 0

Pretty much everything is new with Ramp, so the short answer is no one knows for sure.  However, I dont see any change to CUE.  Cue is difficult for many to understand, I have been reading or writing on CUE for about 10 years.  

Cue is a motion to amend a decsion based on clear, unmistakable error.  Its a rare and specific kind of error.  It must be undebatable, it must be based on the regulations at that time, and it must be pled with specifity.  

It also must be outcome determinative.  

The Veteran is "Not" given the benefit of the doubt in the Cue motion.  AS to "why", the VA set up its regulations to include a way to amend erroneous decisions.  The VA can initiate CUE motions, as can the VEteran or his representative.  

Filing Cue motions is not something normally suggested for all but the most experienced Vets advocates, in part, because if you mess it up, then often it can be dismissed with prejudice.  Berta discussed this a while back.  

To file a cue, you should allege VA violated a specific regulation, not something like, "VA violated my rights".  A Berta favorite is alleging the VA violated regulation 38 cfr 4.6, when she files motions to amend a decision based on clear error.  I think Berta put up a "cue template" so they can use it as a guide. 

 

 

Share this post


Link to post
Share on other sites

Ad

  • 0

Yes, I think I posted a few CUE templates here Broncovet-

But I have never used a Motion. I am sure I posted  a template for Motions  here as well-but maybe years ago-

If a claimant believes the BVA comitted a CUE- they must file a Motion under the CUE regulations. and file it with the BVA. The instructions for that are on the back of the I-9 form.

If a claimant believes a Regional office committed a CUE, they file that with the Regional Office that made the decision that contains the alleged CUE.

I dont know if RAMP can be used for CUE. 

https://community.hadit.com/topic/54079-bertas-cue-template/

This has my SMC CUE Template and I think maybe my more recent  HBP CUE, filed within days of a RO denial is there too.

My IHD CUE is probably here too.

The BVA calls CUE a "frontal attack" and I prepare them with that in mind,  and  CUE , prepared properly, can be a Very Joyous victory! 

I am still working ( well putting off because I hate to deal with them) my next CUE claim.

If Shulkin had made a decision on one of the potential new presumptives, I would not need to even file this CUE.

It will be only a few paragraphs-and it is a 38 CFR. 4.6  CUE.

 

 

 

 

 

 

 

 

 

Share this post


Link to post
Share on other sites
  • 0

Great point, Berta.   I think a BVA decision must be cued by "motion to revise decision due to clear unmistakable error".  

However, if a BVA decision has errors, then the best way would be to appeal it to the CAVC..if its in the 60 day appeal period.  (This is a great time to get a lawyer..just after BVA denial).  

 

Edited by broncovet

Share this post


Link to post
Share on other sites
  • 0

CUE is a motion to revise, not a motion to amend.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Our picks

    • Type 1 Diabetes recent onset!
      I was diagnosed with Type 1 diabetes in September 2017 OUT OF NOWHERE.

      i am a Navy Reservist and deployed in later 2009 to mid 2010 and again later 2014 to mid 2015; had a 2 year recall between those deployments.  

      Only healthcare received since commissioning in 2008 was from the Navy and no issues EVER.

      insulin dependent and have dietary restrictions and in a non deployable status.

      VA denied initial claim due to Type 1 not showing on active duty and now appealing.

      Anyone with successful experience getting a rating with my circumstances?  I live in Upstate New York.
      • 9 replies
    • Agent Orange Kadena Afb Okinawa
      I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.
        • Like
      • 15 replies
    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 8 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
        • Like
      • 6 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines