Jump to content

  • veteranscrisisline-badge-chat-1.gif

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0

Proper Form to Use for Submission of a C.U.E. Claim


Hello all,

My name is Harvey Ryan.  I'm an Air Force veteran, rated at 100%.  I could really use some help.  I've been attempting to submit a Request for Revision concerning an Earlier Effective Date for Service Connection for Migraine Headaches based on a C.U.E.  I don't know what form to use.  I was granted service connection for migraines with an effective date of December 2009 (the decision was made back in 2015).  It was based on newly discovered service records that I'd been arguing were present for 15 years.  The decision was made in my favor, however, they didn't consider the claim back to the original denial, which was June of 1993.  My argument is based on the following:  "38 CFR 3.156  Section (c) , as is outlined in M21-1MR Section 2a and 2d.  CFR 3.156 Section (c): This exception deals with newly discovered service department records or records that existed at the time the VA made its decision and simply did not associate with the claim.  If the claim was denied previously, but then granted on records which have recently been discovered, the regulation requires that the VA consider an effective date back to the time of the previously denied claim."  In the decision letter, the effective date was only given to the date of 'receipt of my claim to reopen': .   “In light of the evidence, an evaluation of 50 percent is assigned from December 14, 2009, the date of receipt of your claim to reopen your claim for service connection.”   My argument is, because the regulation was NOT properly applied (direct contradiction to the mandate of evaluating from the date of the original denial, when all prerequisites outlined in 38 CFR 3.156 Section (c) are satisfied), it triggered my ‘Request for Revision’ due to the presence of an alleged CUE.  I have included all supporting documentation in my file, however, I don't know what form to use to submit a C.U.E. claim.  

Some of the research I've done says to use the 20-0996 for Higher Level Review.  If my interpretation and understanding is correct, that form is only used when the decision has been within the last 12 months.  I also saw form 20-0995 mentioned for a Supplemental Claim.  My interpretation of that form is when there is new evidence to present.  My claim is based on a C.U.E., but no new evidence...so you can see my dilemma.  If anyone can offer some assistance, I'd greatly appreciate it!  Thanks to you all for your service to our country.


Harvey Ryan

Link to post
Share on other sites
  • Answers 9
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Posted Images

Recommended Posts

  • 0
  • HadIt.com Elder

If you have no new evidence and you want the decision reviewed De Novo, then you use the -0996. 



Link to post
Share on other sites
  • 0
  • Moderator

Great question, Harvey, and welcome to hadit. 

    Based on what you posted, I agree that, if the VA denied you, then you submitted "new service records", you should get the earlier effective date.  But there are some catches, too.  You need to read "all" of 3.156, because there can be "gotcha's" in there.  "Gotcha's" are in BOLD.  

    I remember a discussion on this very issue.  Im not sure VA even agrees on which form to use for a CUE.  The VA does not have a seperate CUE form.  The consensus was to use either a 21-4138 or a Supplemental claim form.  

    I will try to find the link for you.  

    There are "at least" 2 types of CUE.  

1.  Cue on a claim finally adjuticated.  This means a claim adjuticated "more than a year" ago which has not been appealed AND, has not been reopened with new evidence.  

2.  Cue on a claim which is not final.  Berta is good at these.  Generally, you can appeal a claim under a year ago by filing a nod, but, there is some chance that your Cue will fly and get you benefits sooner than an appeal would.  

     I wont go into Cue on BVA appeals at this time.  But that can happen also.  



Link to post
Share on other sites
  • 0
  • Moderator
Posted (edited)

I humbly disagree that a 0996 should be used to file CUE.  But the form is here, so read the directions yourself:


   The following directions with the 0996 is why I dont recommend them for use with CUE:


Use this form to request a HIGHER-LEVEL REVIEW of the decision you received. A HIGHER-LEVEL REVIEW is a new review of an issue(s) previously decided by the Department of Veterans Affairs (VA) based on the evidence of record at the time VA issued notice of the prior decision. The higher-level reviewer WILL NOT consider any evidence received after the notification date of the prior decision. This form must be submitted to VA within one year of the date VA provided notice of our decision. For additional information on the HIGHER-LEVEL REVIEW process or a list of review options that allow VA to consider new evidence and how to file, visit https://www.va.gov/decision-reviews

As I underlined, you have gone over a year, so the HLR form should not be used.  CUE can be filed anytime, HLR must be filed within a year.  

Based strictly upon VA's "directions", above, you "could" use an HLR (0996), but only if you are filing a "type 2" Cue, which I described in the previous post.  That is, if your claim decision was in the past year.  You indicated that was not the case.  

      All this "assumes" who ever wrote the directions for the HLR "knew what they were doing", and that is not always the case!!!  But we should be able to follow the directions VA has with the form!!!

Edited by broncovet
Link to post
Share on other sites
  • 0

Thanks for the replys.  I did find that the 0996 was denied due to more than a year.   Broncovet...my claim fits the first option you mentioned: "1.  Cue on a claim finally adjudicated.  This means a claim adjudicated "more than a year" ago which has not been appealed AND, has not been reopened with new evidence."    Would it be a good idea to submit with both the 0995 AND the 21-4138 just to cover all bases?  I have spent a lot of time going over 3.156 to look for all of the 'gotchas.'  Do you have any specific ones that you would advise to pay particular attention to?  Thanks again for your help and assistance.

Link to post
Share on other sites
  • 0
  • HadIt.com Elder
Posted (edited)

Some here have suggested CUE be filed on a 21-526 EZ form-

We have had some successful Cuerinos, here ,after the March 2015 date changes, who used- I think, the 21-526 EZ.

As a widow I had to file 2 CUEs on the new survivors accrued forms.

Please go over my templates for CUE claims here carefully.

Cue is not technically a claim, it is as the BVA has said, a 'frontal assault' on a VA decision.

As a tactical warfare student, I LOVE that description and practice enfilading fire power- meaning I make it perfectly clear , as briefly as I can how they made a clear and unmistakable error to my detriment.And I add the regulations they broke.I surround them with Evidence.

Legal evidence only -for CUE.

In my pending CUES,I even went through years of older VA rating schedules so I could tell them  with my mathematical  facts, how much they owe me.

I did that on my AO HBP claim as well.

This is an important thing I mentioned here before but it bears repeating.

A surviving spouse MUST file within one year after the veteran spouse's death to get the best EED possible for a DIC claim, and also for an accrued claim.

An accrued claim arises from continuing a veteran's claim that was pending at death.

The only Exception to that Is a Nehmer claim, and also Blue Water Navy claims, that are granted due to AO exposure per HR 299 - available here in our AO forum.

A survivor can still succeed on DIC , if they file after that one year has passed,  but the EED will not be back to the date of the veteran's death.

However, if not a  Nehmer claim, or BWN AO claim,  where the surviving spouse filed after the one year following death, it  will NOT

                                  be accepted as a valid by the VA.They will deny it- 

"In this regard, the RO also denied the Appellant’s claim, in part, because her claim for accrued benefits, received in January 2016, as well as a claim for substitution, received in April 2016, were not timely in that they were not received within the one year period after the death of the Veteran’s surviving spouse in November 2014. After the death of a claimant, if there was a claim or appeal pending at the time of death, then an eligible person may apply for accrued benefits, as discussed above. Alternatively, where the claimant at issue died after October 10, 2008, as in this case, an eligible person may apply to be a substitute claimant in order to complete processing of the claim or appeal and obtain benefits. See 38 U.S.C. § 5121A; 38 C.F.R. § 3.1010 (a).

In either case, the application must be received within one year after the death of the claimant, and the applicant must be an eligible person. Id. An application to be a substituted claimant also may only be made by a person eligible for accrued benefits under 38 C.F.R. § 3.1000 (a). 38 C.F.R. § 3.1010 (a)."


This was not a Nehmer claim.

When I get time I will repeat this in our DIC forum again as I notice many 'guests' read that forum .







Edited by Berta
Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Similar Content

    • By Hambocous
      I'm S/C 100% TDIU , SSDI and Disability retired due to S/C diabilities (no SMC's)
      Narcolepsy   80% (sleep disorder)
      Sleep Apnea 50% (sleep disorder)
      Depression   50% (secondary to sleep apnea)
      left shoulder  20%
      right shoulder 10%
      knees and feet  20%
       #1    I was diagnosed and treated for Narcolepsy in Nov.1992 after a M.S.L.T in Landstuhl Germany. June 1997 I was given a another M.S.L.T and Polysomnography at Walter Reed they diagnosed me with long sleepers syndrome and ruled out Narcolepsy but the test also revealed OSA an PLMD. i was court martial out of the Military November 1997.
        November 1997 i filed for compensation Sleep disorder being one. October 1998 I was denied sleep disorder cause it was considered a congenital or developmental defect they never mentioned OSA or PLMD, i appealed and was denied again March 2003. DAV reopen my claim for sleep disorder Nov.2004, Dec.2004 and it was denied again May 2005.
        June 2005 I got a private IMO a MSLT and a Poly test. it revealed Narcolepsy, OSA and PLMD. I filed a NOD with new material Aug 2005 it was granted. VA granted effective date December 2004 i appealed the effective date they denied it.  I filed a CUE it was granted July 2009 but VA only went back one month to November 2004. July 2014 I CUED the CUED back to November 1997.
      #2    September 2006 lost job an file for disability retirement due to Narcolepsy, Sleep Apnea and Right shoulder, submitted 21-4138 and 21-8950 September 2006 to VA for TDIU, Disability Retirement got approved February 2008, TDIU got approved February 2010 effective date February 2008. July 2014 I CUED the TDIU effective date back to September 2006.
      March 2015 BVA wrote this:
      In July 2014, the Veteran raised the issues of whether there was clear and unmistakable error in the assignment of the effective dates for the grant of a total disability evaluation based on individual unemployability due to service connected disabilities (TDIU) and for service connection for a sleep disorder, but those issues have not been adjudicated by AOJ. therefore the board does not have jurisdiction over them, and they are REFFERED to the AOJ for appropriation
      I have not received anything on this since this.
    • By Jangs1963
      So, I checked VA.gov to see the status of my CUE.  It indicated "appeal period pending final release of atty fees." (it gave the amount) and it was listed under "claim for comp and pen updated on 07/22."  So underneath that one is another  "claim for compensation" updated 07/22, when I view that, it doesn't indicate a decision was made or that a decision was sent.  When I contacted the 800# they said they are sending a packet to me.  But as I said, VA.gov does not show that it is complete.  In fact the date they have now under estimated completion dat,  is 12/2020.  Has this happened to anyone here on a CUE claim? I  mean if they are finalizing payment of my atty's fees, wouldn't that mean a decision has been made? I would appreciate anyone giving input. 
    • By MAC64
      Hello Defenders of freedom!
      I have a question pertaining to this denial for headaches. The decision letter is quoted below. 
      3. Service connection for headaches.
      "We may grant service connection for a disability which began in military service or was caused by some event or experience in service.
      Your STRs are negative for any treatment of or diagnosis of headaches. On your post-deployment exam in 2005 you denied any headaches. On separation, you denied any headaches. VA treatment records are negative for any treatment of or diagnosis of headaches. On VA exam, the examiner stated there was no evidence of any residuals of a traumatic brain injury.
      We have denied service connection for headaches because the evidence of record fails to show this disability was incurred in or caused by military service."
      From my understanding these 3 points must be overturned to successfully win a CUE case:
       (1) either the correct facts, as they were known at the time, were not before the adjudicator or the statutory or regulatory provisions in existence at that time were incorrectly applied; 
      (2) the error must be undebatable and of the sort which, had it not been made, would have manifestly changed the outcome at the time of the prior determination
      and (3) a determination that there was CUE must be based on the record and law that existed at the time of the prior adjudication in question.  
      @Berta, or veterans out here who have knowledge/experience, tell me what facts you think would be needed to prove this denial for headaches was an error? 
    • By OldJoe
      Thought it best to start a new post since my other one had become so long and probably fairly confusing with all of the twists and turns that my claim has taken. 
      It seems as though the VA is about to deny my NoD for my knees (or has I guess since the DAV rep told me about the Dr opinion).  Should have seen this coming a mile away when the nurse practitioner wrote the nexus connecting for my knees to my back.  I just called her office this morning explaining that I needed a Doctor to basically endorse what she wrote so I could resubmit it. 
      In short I interpret this as they simply got a Dr to opine their stance and since a Dr out ranks a nurse practitioner so the VA specialist's word stands.  The DAV from St Louis also mentioned that from the VA that in the Dr's opinion there isn't any medical evidence to support the claim (a quick google quickly proves otherwise, but I know this doesn't mean a hill of beans in their eyes).
      Other than that is there anything else I can do?
      The other twist to this is that they are combining my CUE with the NoD for my knees.
      Thoughts opinions now that this is all new and improved "Ramp Based"?
      My side; I have scoliosis (noted in SMRs), I was awarded service connection for back condition (based on records they had in possession at the time of original denial back in 1997 (yes big time CUE).  Any quick google will bring back a plethora of material linking the two, not to mention almost any Dr will confirm that there are links between the two.
      My CUE; well after faxing material to Mr. Spickler's office evidently they routed it for a DRO review (included all pertinent documents).  My CUE concerns the fact that they used the information in my SMRs to approve me for my back that they had in their possession at the time of my original claim back in 1997.  My CUE claim is basically a textbook case of what a CUE should look like and how it should be decided.  Instead they didn't even wait for the ink to dry before they denied it (actually couldn't have sat on the raters desk more than a week, this includes time in inbox).  Since I had the other in RAMP I went and had this converted over to RAMP as well.  My thinking is that if they are going to deny me under a DRO review then they might as well deny me quicker under RAMP instead of waiting 6 months to a year.
      If you are interested in reviewing the past history of my ongoing claim (now in appeal status) you can find it here (be forewarned it is long and can be quite confusing, though you might glean a few things of what not to do):
    • By Army Veteran 2008
      In 2010 while I was on active duty training I was hospitalized for a month. For walking-pneumonia, pneumothorax, hemothorax ,decortication and thoracotomy. I had 3 major surgeries in 48 hours, 2 blood transfusion, placed in a chemically induced coma and placed on a ventilator and life support. I spent two weeks in ICU. While recovering I had to re-learn how to eat, talk and walk. I some how turned into a vegetable. With this being the first time I've every had to go to the hospital I was traumatized by the visit. At the time I was 19. Since this was ADT, and not AD a LOD was done and found "NOT IN THE LINE OF DUTY." "NOT DUE TO OWN MISCONDUCT." Because I was receiving treatment before going on active duty. I was doing Honor Guard for deceased veterans. When the funding became available I was placed on an ADT status. 
      6 months after this incident I was deployed to Afghanistan. While there I was always short of breath. I continually coughed of blood and phlegm. I was medevac to a larger base that had better medical equipment to find what was wrong with me. I was diagnosed with bronchitis and given an antibiotic. It felt like I could never breath in enough oxygen. I stayed at a FOB that was in the middle of a village. Every couple of days the would dump human waste in the holes the locals dug and burn it along with other chemicals and material.
      I have been filling for asthma since I returned home from Afghanistan. At the C&P exam I did when I first filled back in 2011, the decision letter stated "The provider referred to a period of inactive duty."  Service connect was denied. Which was a true state, but the provider never mention any of the incidents I had while on active duty in Afghanistan. With that a CUE claim has been filed and I now had another C&P exam coming up. I had PFT test done then and I had one done today. My question is which one will they use, and what if i run in to the same situation at the C&P exam. I have been on an albuterol inhaler since Ive been back I still continue to cough up phlegm and i constantly get respiratory infections. Im still always short of breath to where it affects my daily activates. It has gotten to the point where I become depressed because I'm not able to have fun with my two boys, as any father would and having to explain to them why I can't  run or why I can't wrestle with them is heartbreaking. Any advice would be helpful!
      Army Veteran 2008
  • Ads

  • Our picks

    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
        • Like
      • 13 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
        • Thanks
        • Like
      • 12 replies
    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
        • Like
      • 8 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Create New...

Important Information

{terms] and Guidelines