CUE I filed regarding SMC-S non-award; they are asking for Form 21-526EZ?

[HitemStraight]

Briefly .....

I received a decision on my claim on July 23, 2015. The VARO failed to award me SMC-S for bilateral 30% ratings. (30% each for each hip replacement). I am 100% rated P & T and the two 30% ratings combine with bilateral factor to 56.1% rounded to 60%. I was not awarded SMC-S for these ratings (100% plus 60% additional). This is what I filed CUE on.

I posted back on August 15th the following post:

 http://www.hadit.com/forums/topic/63768-va-awarded-smc-s-then-removed-dont-understand-why/ , and I received excellent information and advise from this forum.

I went ahead and developed my CUE request basically stating that the RVSR committed CUE in not awarding the SMC-S based on 38 USC 1114(s) with supporting exhibits included for Combined Ratings Table, Bilateral Factor and the related Statues. This was filed in the form of a 2 page letter request with bold Request For CUE at the top of page 1.

Today, I received a letter from the VARO stating that I must file all claims for compensation on Form 21-526EZ, and they would not do anything until this was done. Also, they did not specifically mention the CUE request. This was basically a form letter they sent me.

I did not think I needed to file a CUE request on a standard form for compensation. This is not a new claim and VA rules state that they should not treat a CUE as such. If I file this CUE again on the requested form, won't this set it up as an new claim? I do not want this!! I am CUEing my recently decided claim .....

Need help understanding this, what I should do, and any comments with those who have filed CUE's recently !!!

Thanks !

 

[HitemStraight]

OK, I have decided to file this CUE with the VA NOD form, since they are now requiring a VA form with any correspondence regarding compensation and/or appeals etc.

I will file the CUE as an attachment to Form 21-0958 (Notice of Disagreement). I won't file a CUE with Form 21-526EZ as they suggested in the letter sent to me. (I think that was just a form letter that some mail room guy was instructed to send out if they receive requests on plain paper anyway)

My concern has been if I filed the CUE with the Notice of Disagreement form now, then I might be prohibited from filing NOD for additional disagreement in the decision letter which failed to award service-connection for other 'secondary' conditions to my 100% rating. Also, for PTSD to when I was treated in the 1980's at another VA Medical Center (which they said they had no record of, and I was able to obtain myself from that VAMC). I am not prepared to file NOD on these conditions just yet, as I need to get additional supporting medical evidence and nexus letters on those issues.

Anyway, on the instruction page for Form 21-0958 it says:

'.......... identify each area of disagreement that you have with our decision notification letter. Please list only the issues or disabilities with which you disagree. Only those issues that you list on this NOD will be considered on appeal. For those issues you do not list on this NOD, you will still have one year from the date of the decision notification letter to file an appeal for those issues.'

I interpret this to mean that I can file the 'other' disagreements I have with a NOD at a later date within the 1 year period.

That being the case, I might as well file this CUE with the NOD Form 21-0958, if I can still file the other disagreements later on. 

I believe ASKNOD touched on this in his previous post.

So now, fill out the 21-0958 and resubmit the CUE I prepared for the SMC-S with it.

Thanks to all those who contributed and offered great advice ......

 

[FormerMember]

And send it to one of the Intake Centers at Janesville or Newnan. Do not send it directly to your VARO. If you mail it, get a cert. mail green card to prove it. If you do it electronically, you risk having no presumption that they got it(common law mailbox rule). Good deal. Press print and send.

[HitemStraight]

Will do, ASKNOD !! The form with CUE will be in the mail tomorrow (certified/return receipt).

Thanks for your help !

Will keep the Hadit forum posted on how it turns out ......