regardind filing a cue

[retiredat44]

I had to file the CUE of mine, on my own. I filed online directly the Wisconsin VA claims office. I search the filing claims, and there is no CUE claim form. I filed it as any claim would be filed and wrote it as a CUE. Since the only feedback I got was the usual denial, to which I have rebutted each denial with solid evidence that they were wrong and I am right, with the copies of al VA correspondence evidence. I never got any feedback from them with any help at all. I wish I could have had professional, help. I did get some great help her eon Hadit, using a template. But, putting on a regular claim form is difficult, as the claim form, I believe is not right for a CUE. But, the VA doesn't care and expect you to use it the way it is. It doesn't allow you to present the CUE properly. Correct me if I am wrong. I just feel it is much harder to break the mold and present the CUE as CUE, their crappy form is formatted. Terrible for CUE. IMHO.

[broncovet]

Not "just" Veterans fail to understand CUE...VA employees, VSO's, and often attorney's dont get or dont want to file CUE either.  

While Im hundreds of miles from being a CUE expert, your cue should include these things, at a minimum:

1.  A precise description, including the relevant decision you are filing Cue against, of the error committed.  Its not enough to say "it was in error", but you should cite the regulation(s) that were violated, and, explain how the decision was in conflict with the applicable regulation.  

2.  Its "not enough" to demonstrate that an error occurred.  For example, I could cite a decision

where there was a spelling error.  It needs to be an "outcome determinative" error, and a spelling error

would unlikely be outcome determinative.  Instead, it could be called "harmless error".  You have to show 

how this error resulted in fewer benefits granted, or a denial, because of this error, and, except for this error

you would have gotten additional benefits.  

3.  The alleged error needs to be "based on the regulations AND the evidence contained in the cfile at the time 

the alleged error.  "Missing evidence" is not cue, this is handled with regulation 38 CFR 3.156 (new and relevant evidence)

instead.  If you submit new evidence, dont use Cue, instead, use 38 CFR 3.156 and resubmit the applicable new, relevant 

evidence.  Many veterans  use CUE, where they should resubmit evidence instead.  Dont make your claim harder than it already is, by unnecessarily using CUE.  

4.  The error needs to be "undebatable", which means that reasonable minds would not differ.  A disagreement

as to a regulation interpretation is not cue.  There is no "benefit of the doubt" (BOD) with cue.  

5.  VA's failure in "duty to assist" is not CUE.  

6.  A c and p examiners opinion is probably not cue.  Doctors vary widely in their opinions, and a nexus, is a doctor 

opinion, and another doc, could well dispute Doc "A"'s opinion.  This is not cue, its a difference of opinion.  

   Many successful CUE's cite regulation 38 CFR 4.6.

For more information on Cue template, try this thread:

 

Edited April 15, 2023 by broncovet

[john999]

The CUE concept of being an "Undebatale" error is really tricky.  Also the concept of "reasonable minds" means the VA minds.  What exactly does "undebatable mean to the VA?  I think it means whatever they want it to mean.  What might be undebatable and reasonable to the vet is in no way the same thing to the VA.  You got to really have your ducks in a row to succeed in many CUE claims.  I lost a CUE that was so plain I thought an idiot could see it.  I was wrong because idiots protecting their money bags did not see it.