Cue

[john999]

If a vet's CUE is properly filed and denied at the VARO then is the next step the BVA?

There is no way a DRO is going to grant me CUE, not at my VARO.

[mobie16r]

3. CUE Motion.

The law was amended

in 1997 to provide one

more way to challenge

a Board decision. A Board decision can be reversed or

revised if you are able to show that the decision

contained “clear and unmistakable error” (CUE). Your

written request for the Board to review its decision for

CUE is called a “motion.” CUE motions should be

filed directly with the Board, and not with your local

VA office.

Because CUE is a very complicated area of law, we

urge you to seek help from your representative if you

decide to file a CUE motion. A motion for CUE review

of a prior Board decision must meet some very specific

requirements, described in the Board’s Rules of Practice.

If the motion is denied you can’t ask for another CUE

review of the way the Board decided the issues you

raised in your first CUE motion, so it is very important

that the motion be prepared properly the first time out.

Not many CUE motions are successful, because CUE

is a very rare kind of error, the kind that compels a

conclusion that the Board would have decided your case

differently but for the error. A difference of opinion is

not enough. When you file your CUE motion, you must

tell the Board clearly and specifically, in writing, exactly

what the “clear and unmistakable” error, or errors, were.

You can file a motion to review a Board decision for

CUE at any time, but if you file your CUE motion after

filing a timely Notice of Appeal with the Court, the

Board will not be able to rule on your CUE motion.

I hope this helps

mobie

[Berta]

John, you can challenge the denial at the VARO level until it goes to the BVA-

then you can challenge any denial at the BVA by filing with CAVC.

I mentioned they denied my claim for accrued SMC-by

basing the denial on a false statement-

I proved the statement was false and attached more evidence of the CUE.

What I mean is they said that the veteran had not filed a Section 1151 claim in his lifetime-(allwing for SMC accrued) But he sure did months before he died.

the funny thing is -I saw the claim in my actual C file and Rod even sent a copy to Pres. Clinton and Sec Jesse Brown-

I get DIC because I re-opened Rods Sec 1151 claim-it is mentioned right on my 21-534 and also in separate letter- from 1995-

The statement was bizarre but I submitted the postage receipt (I save EVERYTHING involving the VA) and certainly proved that they were wrong-

then the CUE claim went to a claim specialist whatever that is and they say a decision is pending on it.

I have a copy of my POA file- that might be very interesting for some of you to get-

see what the POA has on you-

Right in the POA file is documentation of the meeting I had with my rep over the Sec 1151 award.I didnt understand SMC regs 10 years ago- but the rep did and questioned the award as to SMC accrued- but did not advise me to file NOD.

When I got smart on SMC regs - I had to file a CUE in order to set this straight-

my point- I have had other CUEs with VA-too

they can be very creative in their denial-

I dont mind that because the last decision on my CUE showed someone at the RO had definitely understood the points I had made-

and tried to divert the point of the CUE with their statement above.

I think it was the same RO person who filed a Reopen Motion in my behalf at the BVA- on a 1998 decision I didnt appeal to CAVC- and should have-

I cant wait to get another decision on this CUE-

the other one I filed in 2004 is going to be interesting too-

I have put pressure on my vet reos over my AO claim and advised them last week that they better read up the CUE regs because it was due to their lack of proper advise a decade ago- that I had to file this CUE .

[Pete53]

I heard a new thing at the VA the other thing. If you think that there is a CUE or VARO mistake you can request adjudication and the VA can make changes.

[Josephine]

If Cue is when the VA did not use the records in front of them and deny you, what is it called when they didn't bother to secure your psychiatric records and deny you twiced and give you a pension, for 100% for the illness that you claim to be service connected, and deny the pension due to excessive and then you secure the psychiatric records yourself where they have been in the archives for the last 40 years. If you keep telling the VA to secure them and they hide this from you and keep denying you. What do you call this?

Thanks,

Josephine

[RockyA1911]

I think you would call it "Bell V Derwinski 2 Vet App, 1992" Josephine in your case.

The CUE is when the evidence WAS in front of the adjudicator at the time the rating decision was made. It is not CUE if the evidence WAS NOT in front of the adjudicator.

If the evidence SHOULD have been there but wasn't and VA made no effort to obtain it, then it is the Bell V Derwinski thing I mentioned.

[Josephine]

Thanks so much. I am at the BVA remanded to the AMC and I have hollered violation of rights and everything, I knew not to call this Cue.

I am hoping for a long awaited answer perhaps in late April. After 5 years, it is about time.

Thanks so much,

Josephine