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So it seems you must use a form to initiate a CUE


ROMAD

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I called the 800 number today to ask about the status of my CUE submission. I spoke with Gayle and she told me unless I submit a form the letter I wrote would just sit in my file with no action. She told me to submit a 21-4138 "Statement in Support of Claim" and reference the documents I sent in for the CUE. So she did say the letter I sent was in my file, and confirmed they received it, but she explained that many Vets will send in documents they want in their file, but if you do not submit a form there will be no action. Does that sound right??? I know I looked all over the forum to see if there was a standard form and did not see any suggestions for a particular form. So is this a new procedure, or did I miss where someone posted the Form for submitting a CUE. So I guess I am heading to the regional office tomorrow to submit a form. LOL

 

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 Carefully read the following first sentences and info straight from the VA manual M21-1 for claims adjudications and this is current and came straight from the VA VBA website.  Additionally a claim for a CUE does not require a form; however, it must contain all the elements

III.iv.2.B.4.d.  Considering Requests for Revision Based on CUE   Although there is no specific claim form required to request revision of a decision based on CUE, the request must be submitted in writing and signed by either the claimant or his/her authorized representative.
 
In a valid claim of CUE, the claimant must set forth clearly and specifically the alleged error, or errors, of fact or law in the prior decision, the legal or factual basis for such allegations, and why the result would have been manifestly different but for the alleged error. 
 
Notes:
  • A claimant is not entitled to request CUE again once there has been a final decision denying CUE on the same basis.
  • If the CUE alleged is different from a CUE issue previously rejected, use a rating to determine whether or not a CUE was made on the new issue.
Important:  If a CUE finding has been determined, it may affect subsequent rating decisions to the extent that revisions in the subsequent rating decisions may be required.  See Pirkl v. Shinseki, 718 F. 3d 1379 (Fed. Cir. 2013).
 
Reference:  For more information on responding to an invalid CUE request, see M21-1, Part III, Subpart iv, 2.B.4.e.
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Yup! That's exactly what I though prior to my call. I was sure they would reply but she said it was just sitting there because I did not have a form to initiate action. Here is what I submitted:

 

Capture CUE letter.JPG

Edited by ROMAD
forget image
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I am unable to read your blurred small print content but it appears to be very detailed and that is what is needed for CUE or BVA will reject it.  The VARO is playing delay and deny games with you/us by not acting on your CUE claim without a form that they know is not required.  They are lying by omission and ignoring.

If it was me based on my 30 years of filing successful claims and appeals myself I would use the VA form 2148 ??? Statement in Support of Claim as a CUE Form and I would also file same CUE claim on their precious form 21-526EZ at same time and see which one they except.  File everything by Certified Return Mail.

On the other hand if you go to the VARO in person and make the VSR select the correct form or format then try to get their name and or initials on the form since they are assisting you like a VSO and of course have an extra copies for yourself.  When I filed my 2000 year CUE claim it was a 6 page letter type claim single space with of course paragraph spaces and then it was accepted by VARO.

My info is not legal advice but only my own personal experiences and opinions as another average joe vet.

Edited by Dustoff 11
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I am heading to the Milwaukee Regional office tomorrow morning with a 2148 in my back pocket, but I am going to ask why no action has been taken on my letter which clearly states CUE to the Milwaukee Regional Office.

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