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    • don't post our decision for me or anyone else but until I can see this BS. I could be wrong just don't add up.
    • sounds good to make yourself look good I got to see it to believe it. Maybe the VA is changing but not that much If I win a cue claim in 3 months I would post decision but that's just me just make sure it has cue in decision lol.
    • I look all over the net and still cant find a CUE REVIEW WHAT THE HELL IS IT. Can  anybody explain this to us all?? The only cue review is from your post. when you get your decision post how VA says  it was a CUE or reconsideration. You just don't win a cue for an EED WITHOUT THE CLAIM being close and you won a cue in three months don't sound right .jmho  RU
    • The Legion rep is full of crap. I wonder how many other vets he told that BS to. You definitely have, from what I have understood here, from your posts , a very valid CUE claim basis. Then again it seems your actual POA is with a state rep,who has a point but I recommended asking them to call a CUE on themselves, but to watch for the one year NOD deadline, so that if they don't resolve this by then,  the NOD will be timely, if filed within that year from the decision. "I was also told if I submit a cue and it doesnt go through there is no appeals no nothing, I lose my benefits for it!? is this true!?" If the NOD is filed within that first year after their date of any CUE denial, you are still within the full appeal period. My SMC CUE (filed 2004) and my IHD CUE (filed 2003) appeared that VA was working on a reconsideration request I made at time of first denial.My NOD was filed in time. Then on around 2011-12 I learned that those claims were set for BVA transfer but a miracle happened... VA had put IHD onto the AO List, and I immediately wrote to the Nehmer RO handling my AO IHD death claim that the CUEs not onloy were filed prior to the AO IHD claim, the outcome of those CUEs would have impact on their AO decision. They did. The Nehmer VARO awarded the AO IHD ,the IHD 2004 CUE claim, and also the SMC CUE claim. The worse thing I ever did was when I got a 1998 decision that held 4 CUEs in it ( the others were awarded too) my state vet rep told me not to even file a NOD because since this was a Section 1151 decision, it was 'different' than regular claims. By 2003 I filed a new claim on DMII death due to AO and got no support at all for that. At some point I dumped the state POA and the 1998 decision still bothered me so I filed 2 above CUEs on it at that point. My reps tried to screw me over big time and also one rep was asking me to help him with some claims he had...while they were also denying me the right to a legal VCAA letter. Long story -things changed when I filed a long complaint with evidence with the 0GC. It was a delightful day for me when I emailed the state attorney for this bunch that I had succeeded not only in the CUE claims and the DMII claim ,inspite of their piss poor representation, and even BVA agreed that my VCAA rights had been violated. One reason I am here and often repeat what others probably get tired of reading...is that my husband and I ,as his widow, and then even my daughter, as a vet, went through just about every type of BS and deliberate attempts on VA's part as well as these lousy vet reps, to deny every single claim we had....and doing it ,by breaking their own regs and even trying to get me to accept a 'regulation' the bastards at my RO made up. Do what you feel is best for you to do.Personally I would be whipping that CUE off to them YESTERDAY. I won 4 Cues for me, one for my daughter, and have three separate DIC awards.... AO DMII contributing to death 2010 AO IHD contributing to death 2012 Death by VA  Sec. 1151/FTCA 1998 100% SC PTSD posthumous award. Chapter 35 paid for the last half of my degree, I have CHAMPVA, I am a Gold Star wife,and also I received the REPS benefit., VA Loan guarantee etc etc etc....but if I had stayed with my lousy vet reps,thinking they knew what they were doing,  I would have won nothing. Someone is giving you advice the same time their head is up their ass. Read Gastone's recent post...he just won a CUE claim!                          Like this     Quote
    • Thanks for all of the replies and advice. I contacted Attig by filling out a consultation requests. I know they're busy, but I gave them a deadline to contact me. Did not even receive an acknowledgement from them. I did however, receive several emails telling me about how great their firm is and to buy their ebooks. I know firms are busy, it's frustrating enough for Veteran's having to wait years for the VA to respond, it's equally frustrating to feel like you're treated by some firms, the same way the VA treats us. I will contact some other firms, who want my business and care about helping me above whether or not I'll be a cash cow for them... Nothings free, but everyone deserves to be treated with value...

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Appeal Claim Closed But Not Completed

4 posts in this topic

Appeal decision was made by VARO and appeal was closed. Decision letter was sent stating evaluation was deferred pending Examination. Examination results were sent to VARO so that an evaluation could be assigned.

Was the appeal closed to soon? Or should it remained open until the evaluation was completed.

This appears to me that the clock has stopped and there is no concern for VA to monitor the progress of the appeal any longer.

Your thoughts..

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It sounds like you are quoting ebenefits. Its not reliable BUT, it may be good your claim is closed, if you did the C and P exam. Did you check the AB8 letter? (in E benefits).

That sometimes is the first place it will show for a new or increased rating.

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I am quoting the VA regional office, my VSO, the 1 800 operator, and E benefits.

My VSO says that the deferred evaluation to the grantd claim will fall reviewed in claim order and thr DRO must have time to work the evaluation sheet and process the claim for rating.

My concern is that if it has already taken two months since the DRO received the answer to satifisfy his question needed to rate the previously granted claim, why would it take so long to settle and most of all why is the claim and appeal status being shown as closed when in fact it is still going through the normal DRO review process again.

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There was a recent study that concluded you have a 49% chance of getting a correct answer with Peggy....a little bit worse than flipping a coin. Ebenefits is not better and VSO's are a crap shoot.

Listening to my VSO is what got me into trouble in the first place. While there are good, well trained VSO's, most of those are too busy to take on new Veteran claimants. We are much more likely to get a less experienced (rookie) or even a bad VSO because when we go to make an appointment with a VSO, we often pick the "one that is available the soonest".

If this is a "when will it happen" question, well The VA isnt talking, and my crystal ball is broken.

However, if portions of your claim was adjuticated and other portions deferred, the VARO may well try to "take credit" for a decision and the next rater may also want to take credit for deciding the deferred issue. VA raters work on a points bonus system, and they need to get so much work out a day, and they are always looking for ways to "meet quota".

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