How To Write A CUE Claim Without Even Meaning To

[ljl]

I wrote the title tongue in cheek but the subject is serious.

My local RO turned my supplemental claim into a CUE claim.

How is this possible? I was appealing a Higher-Level Review decision with a Supplemental Claim.

Yes, I'm looking for legal representation. I'm just so baffled about the whole thing.

[Berta]

"I wrote the title tongue in cheek but the subject is serious.

My local RO turned my supplemental claim into a CUE claim.

How is this possible? I was appealing a Higher-Level Review decision with a Supplemental Claim."

You posted erroneous info here on CUE a few hours ago and I will wait for someone else to correct that info-

I am tired of correcting these CUE posts - because many here opine on CUE without even reading the CUE information I have posted here for years, and particularly the change VA made to CUE based on a letter from me to former Secretary Shulkin a few years ago.And of course CUE atarted a ridiculous argument here years ago and  the  sarcastic arguer finally admitted they had finally read the new regulations-Cue can be filed at any time.

 

That change to M21-1MR  included what I wanted -NO requirement on when CUE could be filed ( most of mine were filed within days of getting a decision-award or denial) and they succeeded. One legal point I made tothe Secwas that No regulation existedi 338 USC and 38 CFR that would have prevented me from filing CUE immediately on any decision)-

and the other change I wanted -that the Secretary made to M21 was that a Higher Level Reviewer should be fully  aware of the CUE  criteria and catch one if it occurs in a decision that has not been  finalized- which would have helped reduce the backlog, as bad when I wrote this letter as it is today.

That is why the VA is possibly considering a CUE in your regard.

 

 

Between a printer that needed to be fixed twice and probably needs to be replaced and shoveling  a lot of snow, and having carpel tunnel syndrome after about 32 years of typing  on the internet -Vet lin 1980ss and Prodigy Vet BBS 1990s, I  have been  preparing a letter to the current Secretary on two issues that could definitely impact on disabled veterans- it takes time to make a very strong legal point with evidence that would gain the attention of  a VA secretary- but I have had other responses from former Secs over the years

but why even bother------if the letter results in a significant change to the absurd C & P crap the VA puts us through, maybe  very few would even read the change in M21-1MR

Everything anyone needs to know about CUE is here in the CUE forum. It has to be read .

Someone else will correct you on your erroneous CUE statement in another thread. I agree with you that CUE IS a Serious matter.

Good luck with the CUE  they (HLR)might find one and it could be advantageous to you-but hard to really know.

The erroneous info is at the end of this thread and has all ready confused a member here:

 

 

Edited January 25, 2022 by Berta
CTS

[ljl]

5 hours ago, Berta said:

You posted erroneous info here on CUE a few hours ago and I will wait for someone else to correct that info-

I am tired of correcting these CUE posts - because many here opine on CUE without even reading the CUE information I have posted here for years, and particularly the change VA made to CUE based on a letter from me to former Secretary Shulkin a few years ago.And of course CUE atarted a ridiculous argument here years ago and  the  sarcastic arguer finally admitted they had finally read the new regulations-Cue can be filed at any time.

Berta,

I posted a question. I am here looking for help in clarifying these things.

 

Edited January 25, 2022 by ljl

[pacmanx1]

Quote

 

They are saying my Supplemental claim was a CUE claim. How is that?

 

"Our prior decision dated February 27, 2020 granted entitlement to individual unemployability

(IU) from December 6, 2017. On January 7, 2022, VA received your supplemental claim

requesting review based on additional evidence on January 7, 2022, for review of the effective

date under 38 CFR 3.2501. Based on your correspondence attached to your claim, we also

considered this as a CUE claim for consideration under 38 CFR 3.105"

 

You can check to be sure, but I think this is reading as the RO has already considered your claim as a CUE and you do not have an open CUE claim and you have to appeal this new decision back to the BVA. 

 

[ljl]

24 minutes ago, pacmanx1 said:

You can check to be sure, but I think this is reading as the RO has already considered your claim as a CUE and you do not have an open CUE claim and you have to appeal this new decision back to the BVA. 

Apparently, there have been some changes at the VA regarding CUE claims I was completely unaware of despite my best efforts to research the subject, hence, a new layer of confusion.

Since I'm left feeling like I've been blindfolded and spun in circles at this point, I'm trying to obtain legal counsel.

Edited January 25, 2022 by ljl

[pacmanx1]

38 minutes ago, ljl said:

Apparently, there have been some changes at the VA regarding CUE claims I was completely unaware of despite my best efforts to research the subject, hence, a new layer of confusion.

Since I'm left feeling like I've been blindfolded and spun in circles at this point, I'm trying to obtain legal counsel.

It not that CUE claims have change it is just the ROs interpretation of the law to try to confuse veterans.

 

 

Edited January 25, 2022 by pacmanx1

[Vync]

14 minutes ago, pacmanx1 said:

It not that CUE claims have change it is just the ROs interpretation of the law to try to confuse veterans. 

It might not always be an intentional attempt to confuse veterans, although it can become confusing. I agree with @Bertathat many of the employees working any claim simply fail to adequately understand CUE. In response to a WH VA Hotline request, I had a VARO employee who worked supplemental claims tell me that they really didn't understand CUE and recommended I resubmit my claim as an HLR because the DRO's have a better grasp on VA laws and regulations. 

Can a supplemental claim call CUE on a HLR decision? Certainly. I had one CUE granted as a supplemental. I also had a separate CUE where the DRO verbally conceded CUE, but the approving authority ignored that and rubber stamped a previous error-filled denial.

The post-AMA review lanes allow filing of a decision as a supplemental, HLR, or go straight to the BVA instead of supplemental or HLR.

If the veteran or the VA notices CUE, it can start the CUE process at any time.

CUE does not require any form as long as it is explained how the error meets the CUE requirements. I had the evidence intake center let one of my CUE filings to sit idle for months while they supposedly researched which form I needed to "properly" file on. When I found that out, I went ahead and filed the supplemental form to provide the M21-1 article that states CUE does not require a special form. I sure hope the employee who caused the delay received constructive training so they don't repeat the same error with another veteran's CUE.