Errors that cannot constitute CUE, pursuant to 38 C.F.R. sections 20.1403(d) and (e)... - VA Disability Claims Research - VA Disability Community via Hadit.com Jump to content
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Errors that cannot constitute CUE, pursuant to 38 C.F.R. sections 20.1403(d) and (e)...

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The NVLSP put together a presentation for Military Order of Purple Heart (no longer active). I took these notes from that:

Quote

 

So What is CUE?
A CUE motion is an allegation that:

“The facts known at the time, time,” were not
before the VA; OR

“The law then in effect was incorrectly
applied applied”; AND

If not for this error the outcome would have
been manifestly different. See, e.g., Bouton
v. Peake Peake, 23 , Vet.App App. 70, 71 (2008). .

 

I'm not the CUE expert, but it sounds to me that if the facts known at the time (i.e. your STRs for something) were not before the VA and if not for the error, the outcome would have been manifestly different.

If the VA acknowledges CUE, I assume they would then accept the old STRs and begin to reevaluate under regular rules/laws/relative equipoise/etc..., determine nexus, and decide SC or NSC.

I hope this helps. I hope this is correct.

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