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dismissed CUE

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jfrei

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I was granted my appeal but wish the VA could admit they F@$!ed up. The judge said 2011 they never issued me a SOC to technically my claim was still pending and there is no merit for a CUE claim. Yet they were able to deny my claim again in 2014 and 2015. How did they not even look at what the judge did at the RO, they are my reason my anxiety is a problem now? I really wish i could file a claim for wrongful denials.

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You fell into one of the many traps at VA.  Yours is you did not know whether to file a reopen due to 3.156, or file a CUE.  Its often a tough call.  You made the wrong choice, and now, its back on the hamster wheel.  At least now you know.  

My position is the judge should have actually rendered a decision on your case...not "just" a decision on whether this is a cue or 3.156, as this results in unnnecessary delays of your benefits.  

Remember, and Berta has pointed this out.  YOu can still file a CUE on the same decision, as there well could be multiple errors on a single decision...which could violate multiple regulations.  They decided just on this one, and you could still file CUE's on others.  Right now, take their "advice" and force a decision to reopen.  

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"15-45380 I didn't know if I'd get in trouble for putting it out there sorry ms. Berta and decision was favorable just annoyed they dismissed CUE saying it was still open from 2011 even after two other denials in 2014 2015."

 

That was a Citation #, not a BVA docket number.

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I was told that was my number Dec.29 2015 I then had the advance granted in Feb 14 2016.

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Letter says docket no 15- 45 380 but my decision was I was granted SC. I was vented the reason was my LOD was binding. I was saying its funny how they denied me 3 other times and dismissed CUE but had to get this done 1st the BVA.

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I also had in my file a report from an engineer and working with the police and GM. It said that I was not the proximate cause of the accident and explained why. She said that and my LOD is all she had to see to grant my claim.

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It will show up on the bva website in July sometime I can scan into here but not till later don't have it on me.

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