Claim based on Clear and Unmistakable Error (CUE)

Question:

My RO VOC REHAB counselors (3 to be exact) had me in college working on an advance degree approximately four years ago. While in the program,  VRO pulls me out of the program abruptly! At that time I was 70% PTSD. I filled an appeal. Currently, I’m 100% PTSD P/T Schedular. BVA sends back remand wants all records from my counselors (which they can’t obtain), & making me take clinical testing. All I want is to go to law school. The hamster wheel is a bit too much? However, I have grit. Can I do a CUE on this RO? Thanks in advance.

Jim's Reply:

Sure, you can file a CUE or just about anything else as a claim that you'd like to. There's no penalty for filing any claim for VA benefits so you can proceed any time you wish. The CUE claim is one that most veterans law attorneys really don't want to deal with because they're very difficult to win. The CUE claim is steeped in legal doctrine and theory and I can't recall any lay person winning a CUE. So...proceed if you wish, understand that your chance of winning is likely close to none.

 


Source URL: https://dev.statesidelegal.org/claim-based-clear-and-unmistakable-error-cue