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Another CUE "must Read" - 3 prongs of CUE
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Berta
I got this from a post I made in 2013 and have since repeated the 3 prongs many times.
CUE is not really a 'claim' as such- it is a Collateral Attack on any VA decision that is legally wrong.
If these three prongs of CUE are not satisfied, then there is NO basis for CUE.
The info is for a CUE filed within the appellate period but the prongs are the same for any CUE, (even award letter contain CUEs), and many were committed long ago in past VA decisions.******
The three prongs have never changed for any type of CUE.
"To get VA to CUE itself requires
1. a legal error in a decision challenged DURING the appellate period (meaning the day of the decision and within the NOD timeframe)*****
2. a legal error that manifested an altered outcome to the claimant's detriment (ie improper retro amount)
3. A formal request that VA CUE the decision, supported by copies of probative legal/medical evidence that was in VA's Possession at time of the decision that the claimant is requesting themselves to CUE. This type of request must be made within the appellate period.
(To add, use the recent template citations here at hadit for the proper wording of the CUE request.)
.......................................................................
(Some of this 2013 post below has changed----but still my point is that the three prongs of CUE have Never changed.
I forgot about the IRIS CUE. It got me a double DRO review.")
"I might post ,my Dec 2011 CUE request too----I did that by Fax,IRIS, and phone with VA Central and don't have a lot of hard copy stuff on it. VA Central turned on that one in 3 weeks.
My 2005 CUE request started out with Fax stating "What the Hell is this," sent to the Director of the Buffalo VARO and IRIS complaint to VA Central and copy in email to my wimpy vet rep.
They (VA)moved on that fast too.
I think that one is documented 2 PCs ago.
If a veteran or surviving spouse like me has a solid leg to stand on, (with evidence of CUE criteria above) they then need to kick the VA in the A-- with their other foot ---during the appellate period. They need to watch the NOD deadline clock too.
VA keeps thousands in comp when vets don't challenge an erroneous decision ,even if it is an award letter.
Either with this maneuver or by preparing their NOD and appeal , shaped ....not for the RO these days, or for the black hole AMC,
but shaped instead, for the BVA.
Due to the critical backlog.
This doesn't stop the NOD clock!
If the VA ignores or farts around with this type of request,without a proper resolve, make sure you file a timely NOD,raising the same legal error issues."2013 post
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