TDIU

[Combat eng]

I checked my decision letter again and as I said before there is no mention of SSDI anywhere in the evidence section. I know that the VA had it because I sent the judge's ruling as a part of my packet. I appreciate all of your help, but I'm new at this. I've gotten myself this far but now I need assistance. I've got to look up all of the abbreviations you used to further understand. I have no way to scan my decision letter is there any other way? What is the difference between CUE and NOD, and do they both require new evidence?

[ShrekTheTank]

Can you take a picture and cover your information?  

[pacmanx1]

NOD is a Notice of Disagreement with a VA decision made by a veteran or his/her representative within one full year of a VA rating decision. That simply means that the veteran can file a NOD with or without new evidence. The veteran keeps the benefit of doubt and his or her effective date all the way through his or her appeal.  It is best to file a disagreement within a year.

Cue claims are different and harder animals to kill but Ms. Berta, Bronc and myself have killed those suckers a few times but for me it is a last resort because it is very fickle and you can file them all the way to the federal court and lose. Cue claims are a Clear and Unmistakable Error. The veteran loses the benefit of doubt once he or she files this type of claim. If a veteran wins his or her claim, he or she would also keep his or her effective date.

According to Cornell Law School, “Clear and unmistakable error (CUE Claim) is a very specific and rare kind of error. It is the kind of error of fact or of law, that when called to the attention of later reviewers compels the conclusion, to which reasonable minds could not differ, that the result would have been manifestly different but for the error.”

This is where a lot of veterans lose their Cue Claims, I think John999 will tell you that his claim went all the way to The Federal Court of Appeals and they still denied his claim. 

The first Cue claimed I filed was simultaneous with a NOD claim. What happened is I filed a Cue claim on an older decision (well over a year and beyond my appellate rights to appeal) and I filed a NOD decision on my current claim at the same time.  VA closed/denied my Cue claim but granted my NOD. 

 

Edited September 21, 2020 by pacmanx1

[Buck52]

 Pacmanx1 has some great information

Yes NOD MEANS YOU SEND IN A'' NOTICE OF DISAGREEMENT'' TO THE VA  R.O.

CUE (CLEAR AND UNMISTAKABLE ERROR) is the hardest claim to file,

 and Win (jmo)

Here is  a run down on some frequent  questions you have ask about  maybe this will help you.

clink on the link

https://www.va.gov/decision-reviews/faq/