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Do I have a CUE am I wasting my time?
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Red4
Not sure if I am on the right track but my draft letter below should spell out most of the details. Interested in the thoughts of those with experience.
Thanks
PS: I love this website but is time consuming.
re: Veteran: XXXXXXX X. XXXXXXXX
C-file: XXX XX XXXX
CLAIM OF CLEAR AND UNMISTAKABLE ERROR IAW 38 CFR 3.105(a)
Dear Sir/Madam:
This letter is regarding a decision on my claim for an increase in service compensation dated November 22, 2004 (Exhibit 1). A copy of the letter informing me of the decision dated May 5, 2005 along with the associated Rating Decision, dated April 29, 2005, is attached (Exhibit 2). The Rating Decision increased the rating for my service connected Degenerative Disc Disease from 0% disabling to 20% disabling effective November 29, 2004. This decision resulted in a new overall or combined rating of 30% as detailed in the May 5, 2005 letter.
I am requesting the Rating Decision, dated April 29, 2005 (Exhibit 1) be amended to conform to the “true” state of the facts and the law extant at the time of the adjudication.
Facts:
Findings of clear and unmistakable error (CUE):
I make this request as a clear and unmistakable error (CUE) exists in that either the correct facts, as they were known at the time, were not before the adjudicator, (e.g., the adjudicator overlooked them) or the statutory or regulatory provisions extant at the time were incorrectly applied. The errors are of the sort which, had they not been made, would have manifestly changed the outcome at the time they were made.
A reasonable mind, having reviewed all the facts known at the time, would have concluded the following:
I respectfully request your prompt consideration of this request and that any decisions be expedited to ensure efficient processing and minimize incorrect payments.
Thank you for your service to the Veterans of this nation.
Regards,
XXXXXX X XXXXXXXXX
Veteran
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Berta
Have you clearly identified in the attachments or stated that the diagnostic codes they gave you were wrong? If they were- Have you double checked all of those Diagnostic codes and percenta
john999
If a CUE requires any thought, judgement or debate then it is not a CUE. I had what I and my lawyer considered a black and white CUE and we still lost at Court of Vet Appeals after 7 years. I got a
6 answers to this question
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