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Is this Clear and Unmistakable Error (CUE)?

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UpToHere

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VA denial letter stated veteran’s “2 reasons in support of claim” [sic] were without merit.

However, veteran did not posit those 2 reasons.

The *single* reason Veteran did posit was an entirely different reason, but VA didn’t address it.

Veteran took the suspect denial letter to POTUS’s White House Hot  Line.

The Hotline eventually reported back to veteran that VBA said they had already addressed the (suspect) denial letter, that the matter was closed,  and that they would not entertain any further questions from him.

 

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  • Content Curator/HadIt.com Elder

If the veteran is still within the appeal window, they can and probably should take that route first to get things cleared up. If they have a VSO with access to VBMS, they could contact them to see what they can gleam from both sides.

If the appeal window is gone, CUE could be the route to go. However, it must be very clear and undebatable. The information posted thusfar is very high level and sounds like a we said vs. they said. Perhaps posting a redacted copy of the rating decision can help members examine the issue.

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