CUE Info

[jacobbree123]

What VA forms or persons do I need to fill out or contact to submit a CUE.

[broncovet]

Well, now there is a good question.  Years ago, we used a 21-4138, but we used those for NOD's, too.    With Ramp, now called AMA, stuff changed and you have to use the right form.  

It probably depends on whether its a VARO decision, BVA etc.  

Now, it also depends on how long since the decision..was it within a year?  Maybe Berta will chime in here.  

WE could give a better answer if you gave more details, such as when was the decision, was the reasons for denial, why you think its cue, etc. etc.  

Many Vets "grab the Cue stick" when Cue is not the best answer.  

Edited December 12, 2019 by broncovet

[Vync]

That is a good question. I submitted mine using the same form used as Higher Level Review (VA Form 20-0996).

Don't venture into a CUE without doing your research first.

CUE only applies to claims which can no longer be appealed (i.e. finalized). It must be based on information in the record and the laws in effect at the time the decision was made. Benefit of the doubt cannot be a factor.

Please consider checking out other posts in the CUE forum.

[Vync]

@broncovet is right. The AMA is picky about which forms get used. I tried looking up the correct form on the VA web site, but they don't tell you. After examining the HLR form, I found it has a section relating to errors in prior claims. The VA accepted my CUE claim and is currently processing it. I also called the White House VA hotline and asked if they could fix the web sites to clarify the correct form.

[Berta]

A few months ago the general consensus was to file the CUE on a  21-526 EZ.

Widows however, if eligible for potential accrued, under CUE need to file it on a  21P-601.

We have templates here on CUEs.

In the past I always filed CUE as a simple letter, and made them as brief as possible, and attached the rating decision that was wrong and I told them why it was wrong and exactly what regulations they broke.

The HRL review is because of a letter I wrote to former Secretary Shulkin.

I made the point that so many vets have been filing CUEs these days, that someone at the RO level should be trained in seeking a CUE in a new decision, to be corrected before the decision even leaves the RO.That has worked for some members here, with the HRL review.

Also if you have a CUE in  recent decision, you can file CUE on it within the appeal period,

that has worked for me. No need for many NODS, etc.

CUE for daughter's DEA extension due to 7 years of Military service , properly awarded 3 weeks after they got CUE.

Cue for 1151 HBP denial, awarded 3 weeks later,

CUE for AO death claim due to IHD.awarded  within a few more weeks.***

***(This CUE error was so alarming to me that I complained to the Director as well as within my audit request to the IG, and to the District VA Counsel.They could have easily deprived many AO widows or their proper DIC and accrued under Nehmer 2010, if they made the same error on other widow's claims filed due to the 2010 Nehmer regulations.)

Two or 3 members here have filed CUE within the appeal period as I did and they succeeded.

I have 2 CUEs pending now, which, as mentioned in my audit request, could be resolved by a proper audit, and if that occurs ,I could withdraw them.

Most of the CUEs the VA makes should be filed right away on the decision.

But that means a claimant has got to know if a valid CUE actually occurred in that decision, to their detriment.

The regulation VA broke, that awarded most if not all of my CUE claims is 38 CFR.4.6.

 

 

 

 

 

 

 

Edited December 13, 2019 by Berta

[Berta]

Broncovet is Right- if we have more info we can help more- this could be a BVA decision thus a Motion to revise must be filed.

Since 1992, there have been 54,957 CUEs filed and decided by the BVA.Most are appeals of CUE denied at the RO level, some are Motions against past BVA decisions, and most CUEs at the BVA are denied, often because they are prepared incorrectly...

Almost 5 thousand have been decided by the BVA in 2018-2019.

The longest wait I ever had for a proper CUE decision was on a CUE I filed in 2004.

It was a prime facie CUE, obvious to anyone who could read the SMC regulations.

Husband was 100% SC PTSD and 100% under Section 1151.By all established medical evidence he was HB as well as the 100% plus 60%.

They never considered him for SMC.I received 8 years of BS rhetoric from my RO and finally it was set for BVA transfer.

SMC is mandated by law whenever the medical evidence warrants it.It was awarded in 2012-by the Nehmer division,  and never went to the BVA.

 

 

 

 

 

[jacobbree123]

Well its for a service connection that I received in 2014 where i was awarded 10% for narcolepsy but under the rating code I should have been Rated at 80% at the time. So I filed for an increase and submitted a CUE letter in my supplemental documents, they of course ordered another C&P exam of which i gave the same exact statements as where in my CUE letter. Longer story short they awarded 80% but only to the date I filled for increase and instead of putting it with my original rating for narcolepsy i now have Two separate rating for narcolepsy one for 10% and one for 80%. So I am confused on what to do next in order to receive the back pay date. I feel like they want me to be happy with the rating and hope I cant find the other hoops they want me to jump through. BTW I contribute the successful 80% rating to all the info i found on this forum from @Berta