cue Does this paragraph from my rating code sheet mean VA granted my CUE?

[Mituna 2483]

Hi everyone, I would like to know if this paragraph means VA granted my CUE for my right knee that it was denied in 1975. Thanks for reading.

[Mituna 2483]

On 11/5/2021 at 7:25 AM, Berta said:

You can file a CUE on the denial-

after we see that decisions, and if they warrant a CUE filing.

There are basic templates here for CUE.

CUE is not a "claim", as such, but is a "frontal attack" per the BVA  on a VA decision.

VA changed their CUE regulations a few years ago based on a letter I wrote to former Secretary Dr. Shulkin.

I had filed CUE on many decision within days of getting those erroneous decisionm  ( one was for my daughter - a veteran) and all were awarded in less than one month.

Do not let anyone tell you that you cannot file  CUE on a recent decision.

I sent Secretary Shulkin copies of my awards on recent erroneous decisions.

Nothing in VA case law or regs prevented me from doing that.

The regulations were put intonM21-1 and also he made CUE a part of the Higher Review process because I made the point that that veterans should have the VA call a CUE on itself before they even make a final decision, as they should have the knowldge and  ability to do that, because even many vet reps do not advise filing a CUE when it would keep MANY claims out of the BVA backlog-if the RO's would check for CUE right away.

I have seen my suggestions and the regs they produced in action here at hadit.

Nothing is impossible but there is a lot of CUE info here already and the CUE must satisfy the the "prongs" per BVA of a valid CUE claim.

 

 

 

It looks like someone changes the outcome of the decision that granted my CUE right knee to deny. Instead of sending a granted decision and provides me a retro. They hope I won't be able to see the rating code sheet. Luckily I ever found people suggest Veterans to request the rating code sheet, so I request the rating code sheet from my rep. 

That's why I know in sudden that someone changes the grant decision to deny because the paragraph in the rating code sheet clearly address that VA found CUE in my right knee claim that was denied in 1975, so VA corrected it and evaluated 10 % for my right knee (instability)+10 % for my right knee (flexion) with effective date 1-22-1975. I assume the person that changes the decision does not want to pay the retro.

   

[Berta]

Can you scan and attach  the entire letter ( to include the date of it) and where it came from ,that included the CUE award, and we need to see the Rating sheet , that was with it, although they might not have included it, because they established the rating in that award and hopefully you have a copy of the C & P exam that garnered the award. with a date on it. Could you scan that too and attach here?

 

Cover C file #, name etc prior to scanning it.

It certainly appears to be a valid CUE scenario- but we need more info.

Did you have a vet rep on your POA? If so what did they say about this?

We have had some members here , as well as me, who avoided the long appeal process because they filed CUE on recent decisions.

As I mentioned I have had success with filing CUE within days after getting decisions- but the SMC CUE that took almost 8 years.......

I questioned the lack of SMC consideration with a state vet rep I had. He  discouraged me from even filing a NOD on it-and said that 1151 issues are different when it comes to SMC.And he added' 'besides that it is an AWARD of DIC under 1151!'

That was 1998 when the internet really did not have the info we have today and nothing in the VBM from NVLSP covered a SMC 1151 situation.

When I re -opened my death claim under 1151 DIC for direct SC death,5 years later , that decision-and award letter- still bothered me and I knew it contained CUE.So would have the BVA. As I mentioned ,the Phila AO VARO awarded it in a heartbeat.

I seek CUE as soon as any vet here attaches their decision.

So will a Higher Level reviewer,if they take that route.

But why wait for that, if one has a valid and obvious CUE that is detrimental to them, because VA has owed them cash they didnt get yet.

You said:

" I assume the person that changes the decision does not want to pay the retro."

I assume they might be illiterate.

VA is training more claims people at the VA to reduce the backlog. That means to me, knowing how long it takes to actually get up to speed on every nuance in 38 USC, CFR- that there will be far more future CUEable decisions than we see now.*

We all need to get up to speed here on CUE.

Everything I know on CUE is available in the CUE forum.

There is no mystery to CUE. It is cut and dried, and there are templates here.

I find CUE to be easy to establish, if the criteria for CUE is fulfiilled by established evidence. Anyone here should be able to rcognize a CUE by now.

I will be interested to see how others respond to the attachments I asked for.

* The amount of CUE claims at the BVA since 1992 has insreased significantly- some are denied for good cause and some are awarded -because the decision was legally flawed and fit into the three prongs of CUE.

That means to me, that the VARO itself should have awarded the CUE but the vet or survivo had to wait for years for a proper decision.

VA is not our enemy- TIME is.

That means to me vets and even their survivors are learning all they can about CUE.

It would be nice if I could say that about all vet reps, VSOs, and even the VA itself.

 

 

 

 

 

 

 

 

 

 

 

Edited November 7, 2021 by Berta
in cloud poor internet access