CUE Info

[jacobbree123]

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

[john999]

Remember that a CUE is a very special kind of claim with very harsh rules that do not favor vets.  These are claims for which their can be no doubt or judgement.  I did file a couple and lost one after 7 years at the Court of Vet Appeals.  It was obvious to me and my lawyer but not to those monkeys at COVA.  When you get to COVA VA lawyers can twist any doubt or judgement into a hangman's noose for you.  The error must be obvious to a six year old.

[Vync]

@john999 is right. CUE is an uphill battle with steep requirements and limitations.

If that claim from 2008 has been closed and finalized (i.e. you cannot actively appeal it), then CUE or new and material evidence are typical options.

I had a situation similar to yours where the VA denied because they said it didn't happen in service, but I knew it did and remember going to the hospital for treatment. I dug through my service treatment records and found them. I assume the VA simply scanned the front of the document, but not the back where some doc wanted to save paper. I submitted as new and material and won. In my case, I did not get an earlier effective date because I was still within the original appeal window. Years later, I requested my claims file and it was in chronological order based on the numerous volumes present over time. I found they really did not have the original copy.

For new and material, just file a supplemental claim and include the records you found. Of course, you will still have to meet the typical requirements for SC. If the lost records were service medical treatment records (STRs), they might backdate your effective date to when you originally filed and were denied.

 

[john999]

I had my old 1972 claim for 100%.  I lost that claim because I was young and ignorant of just how screwed up the VA rating team was in my case.  I was so dumb I did not appeal my 10% rating because I believed the VA had actually reviewed all my evidence.  In those days the assumption was that all evidence sent to the VA was reviewed.  At long last I could not prove that the VA did review my IMO's evidence.  I assumed they did because they said they did.  Not smart and I kick myself for not appealing the VARO decision to just grant me 10% based just on my very incomplete SMR's.  The Army lost half of my records including my last duty assignment and all records of basic and AIT.  I was in the hospital at for six weeks and the Army and VA lost those records.    Half of my Vietnam records were lost.  In those days vets did not usually ask for their medical and personnel records at ETS.  I was so happy to get the F**k out of Dodge I did not even think to ask.   What this means is that every vet should appeal any decision that does not grant all benefits sought.  Don't settle!  If you want to go back 10 years later it is very hard even with the best of evidence.  When you file a CUE you no longer have the benefit of doubt.  This is important because now VA sees you as an opponent to be crushed.  They will crush you unless your CUE is perfect.  Berta is the master here and can weave gold out of straw.  Her record of CUE's impresses me!

[Vync]

@john999 I remember you telling me about that. I didn't realize how bad record keeping was back in the Vietnam days until I started going through my father's service treatment records. With the sheer number of soldiers needing treatment, many notes I ran across were bare bones minimum, if even that.

 

In my CUE research, I saw a couple of common situations. 

1. You have proof of event/injury in service and current diagnosis, but were denied the nexus. These cannot rely on benefit of the doubt which makes it very difficult without other evidence or obvious errors being found.

2. You were SC and the effective date is good, but got a lowball rating. Challenging the rating requires examination of the documents the VA had (records, C&P exam), the rating criteria, and the law. If you can show that the VA clearly failed to properly apply the laws at the time and it could result in a higher rating, it could be worth a shot.

 

The way the CUE laws are written made it a challenge. Everything is based on when the decision was made. This includes the records before the VA, C&P exam results, and laws in effect at the time. Benefit of the doubt is not allowed (i.e. not how the facts were weighed). From what I have seen from others, attacking based on the laws not being followed can be effective if backed by the facts of your situation.

[jacobbree123]

Okay so updated on this I ended up filling a HLR with the CUE paperwork attached to it and now on eben it sates I have a Claim open for Cue so that is a positive. I do have two questions on ebenafits for this claim there is a request 1 that states Automated 5103 Notice Response is this something they just send because it automated or do they send this because they think i dont have enough information submitted or are requesting specific documents. I called and asked and it just seems like they are asking if i have anything else to submit. Second question is since this was sent with HLR paper work but is now listed as a CUE should i still be looking for a informal phone Conference.

[Vync]

@jacobbree123 They kind of did the same thing to me, too. I got a letter in the mail asking if I wanted to submit any additional evidence. This is part of their process, but for CUE claims it is kind of dumb because you cannot submit any new evidence. For my CUEs, they sent a request to the VAMC for medical records covering the entire duration in question. Another stupid action because those were already in my claims file. And to top it off, it was put on hold yet again because they were not sure if I needed to file a CUE on a specific form (currently, there is not form requirement). Don't be surprised if they try any of these approaches with your CUE. 

Like @Dustoff 11 indicated, the form may include an option to get a phone call. I always check this. Back in 2012 to 2013, I got a call every time. They went over their findings, asked me if I had any concerns, and provided me with retro estimates. Currently, I have yet to get a call from someone regarding the decision. However, I did get some IRIS requests over when the VARO's did stupid stuff I indicated and did get a call back for those.