VA Claims: Disabled Veterans Community|Hadit.com

READ FIRST if you feel you have a potential CUE claim

VA Disability

There is considerable info here in this forum on CUE-it is not really a ‘claim’ –
it is a frontal attack on a recent or past VA decision, whether award or denial.
And explained in many of the articles I have already written-no sense in re- writing what is already here-
This is where you need to go if you think you have had a CUE in any past or recent VA decision.
https://www.benefits.va.gov/WARMS/docs/admin21/m21_1/mr/part3/subptiv/ch02/M21-1MRIII_iv_2_SecB.docx
The M21- MR link has info as well on 3.156 claims too.
A legal error means just that. It could mean the improper diagnostic code, used to your detriment, based on the medical evidence, an improper EED based on established medical evidence , in VA’s possession at time of alleged CUE, or often a violation of 38 CFR 4.6 because VA failed to consider Probative evidence, that you can prove they had.Such as ignoring a probative IMO/IME or ignoring any other type of evidence they had ,that fully advanced your claim.
If they mention the IMO/IME in the opinion, that means they did not ignore it- but probably didn’t read it well, or, as in my case, over my last CUE, they did list my evidence ( 4 pages -opinion from OGC VACO cardio doctor) but never mentioned it in the decision, They reversed immediately when I filed CUE the next day. The award letter is dated 3 weeks after the denial.
A CUE on an improper EED is the same- scenario- the VA failed to consider evidence they had that would warrant a proper EED, of a ratable condition (at least at ten percent, at time of the alleged CUE decision.
I could write a book on CUE, because in the past 25 years VA made just about every conceivable error on every decision I got. But what is the point.
Everything you need to know is here.
My initial denial for AO IHD ,I have brought up to the Nehmer Philadelphia VARO-as well as within info I gave to the VA OIG Counsel who handles their section on audits.
I filed CUE and mailed it the next day.(2012) Within 3 weeks they reversed and adjudicated the claim.
It was brief,(the CUE) one page, I made a point on how ridiculous the denial was and stated the regulation they broke- 38 CRF 4.6 and mentioned this to the Director of the Philadelphia VARO in a recent letter,to her ( copy sent to the IG) with my concerns of how many other widows of AO exposed IHD veterans got a denial as ridiculous as that one….and they might have never even appealed or had a vet rep who didn’t advise them properly to CUE it.(AO IHD death claim)
I might have posted that CUE here-
Examples of all sorts of CUEs are here, as well as templates…… and they should never become so involved that they become convoluted.
Try to get it all on one page. If it is a CUE on a recent decision, address the CUE as Attention to: and put the alphanumeric there.That alpha contains the initials of the last person who handled your decision.
If you need more info and still believe you have a valid CUE and that it is worth pursuing, you can also purchase the VBM by NVLSP , where they have considerable info on CUE and actually on everything any claimant needs to know about the claims process. Chapter 14 of the 2018 VBM-2019 holds 59 pages of info as well as numerous other references to CUE in the VBM index.
And if you go to the BVA web site, under decisions, you can search for CUE and why they awarded or why they denied.I learned plenty on CUEs by seeing them in action at the BVA and also the CAVC.
NVLSP is a pro bono law firm who won the Nehmer Class Action Case.
Do not be easily discouraged if you find you have a valid CUE-if anyone here says you do not have a basis for CUE, ask them to attach their most recent CUE award.

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