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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

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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. 

 

 

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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.

 

 

 

 

 

 

 

 

 

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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

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

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