CUE Update

[RBrogen]

I wanted to send out an update on my CUE claim.  As I suspected from the process and response, I received a denial decision letter today.  They denial almost verbatim regurgitated the same statements from the original denial in 1999.  It's like the reviewer simply read the original denial, retyped it and said too bad without addressing the issue of probative values and presumption of sound condition.  My question is for next step, should I go through the process of Higher Level Review to see what they say before going to the Board of Appeals to exhaust every option before hand.  Any thoughts would be greatly appreciated.

Best,
Randy

Edited January 21, 2020 by RBrogen

[vetquest]

If you have an IMO I would go directly to the BVA.  Your chances of a win there are better.  Otherwise I would go with an HLR and see what falls out.

[RBrogen]

Just now, vetquest said:

If you have an IMO I would go directly to the BVA.  Your chances of a win there are better.  Otherwise I would go with an HLR and see what falls out.

I don't have an IMO but I am now service connected for the 2 conditions in the CUE (right knee disorder, left knee disorder).  The CUE is for an EED.

[Vync]

Did they respond to each point of contention you made? Or did they simply disregard most or all of that?

I'm no CUE expert, but I have seen cases where veterans may simply file a CUE consisting of a paragraph or two, but then trust the VA will interpret their argument.

I have my first two CUE's in the hopper. I focused on each and every error the VA made. I quoted the law in effect at the time, evidence of record, explained very specifically how the VA committed CUE, and the potential change in the outcome.

Can you also please check the documentation that was mailed with your denial? Did it say you can file supplemental, HLR, BVA, or something else? Honestly, supplemental should not be an option due to the nature of it, but was curious if they had a special document for appealing CUE vs. just sending out the usual form like they do for everything.

[RBrogen]

4 minutes ago, Vync said:

Did they respond to each point of contention you made? Or did they simply disregard most or all of that?

I'm no CUE expert, but I have seen cases where veterans may simply file a CUE consisting of a paragraph or two, but then trust the VA will interpret their argument.

I have my first two CUE's in the hopper. I focused on each and every error the VA made. I quoted the law in effect at the time, evidence of record, explained very specifically how the VA committed CUE, and the potential change in the outcome.

Can you also please check the documentation that was mailed with your denial? Did it say you can file supplemental, HLR, BVA, or something else? Honestly, supplemental should not be an option due to the nature of it, but was curious if they had a special document for appealing CUE vs. just sending out the usual form like they do for everything.

They did not respond to each point of contention I made, they just disregarded that, retyped what the original denial said.  I quoted the laws in effect, referenced the exact code and stated that they did not take into consideration presumption of sound condition nor probative values of the evidence available at that time, (e.g. doctors reports, airborne training etc)  The documentation says I can do HLR, Supplemental and Appeal to Board, same format as all of my other claim decisions.

Edited January 21, 2020 by RBrogen

[GBArmy]

I pretty much agree with Vestquest;  there is one advantage in going for a HL . The BVA is much more likely to give a fair reading. But, there  is one advantage going for a HLR. You get a better slant possibly in what the VA is thinking on their original denial. If you have the evidence, etc. you could possibly get a much faster approval. If not, probably delay your process now by maybe 6 months. If it isn't worth it to you, just go BVA and skip HLR.

[Vync]

I figured you delivered a pretty solid set of arguments. It makes me wonder if they took your arguments and considered them new evidence, thus disregarding it. But since they just regurgitated the original denial, I don't expect them to tell you if they disregarded your submission either. Keep in mind the CUE laws require the veteran to be very specific in telling them the error.

I agree with @GBArmy, at least with HLR you would get an answer much faster. Every time I went to the BVA, it took years. Months or less than a year sounds a lot better than years.

Anyone have any idea if you can request a "de nobo" HLR for a CUE? That's when you get a fresh set of eyes to look at it. I did that with a DRO (which took years) and won. The DRO said the people who looked at my appeal previously made a series of stupid decisions. That might be worth looking up in M21-1.