Request for EED CUE Review

[Gastone]

I was about to NOD (DRO Review) my 12/2015 Award for an EED.

I called my RO VSO on a different matter but lucked out and got the Rep (Former DRO) that attended my 06/14 DRO Hearing. After discussing the VA Walk-in C-File Viewing Policy, which was the reason for the call, we moved on to the NOD I was about to file for the EED. He recommended filing a Request for an EED CUE Review, saying it would be faster than the DRO Review.

I figured, give it a try, still had till 4/17 based on Award Letter Date, to file the NOD for the DRO Review. Faxed him the 12 EED supporting Pages from my MHV Clinician Notes. He filed the Request 05/13/16, E-Ben showed it the following week, 06/04 it had moved to pending Decision with expected completion dates 06/15 - 07/15.

No matter the Decision, maybe there is something to the VA Request for Review, at least for CUEs. And I still have my NOD DRO Review, Locked & Cocked.

Oh ya, my VSO-Rep confirmed the walk-in RO C-File viewing policy. He said that all Det RO C-Files had been digitized, for our Viewing Enjoyment, no more piles of paper to turn, page by page.

Semper Fi

 

 

 

 

 

 

 

[Andyman73]

asknod,

Okay, so it sat there undecided and forgotten.  9 years later I filed a new claim for my feet, went through the exam and was granted SC at 30%.  No mention was made of the original claim.  I didn't remember it until after I received and read my C-file, which was shortly after the claim was granted, last summer.

When I saw that, I thought maybe it would be a good solid EED case, since the SC was made with the same SMR treatment records showing in service treatment of foot injuries.  And while I did have more VMR treatment entries as evidence, I had a handful of VMRs with the first claim also.

IF I get nothing, I lose nothing, but sleep and time and effort, but if I do win the EED, that would be nearly nine and a half years of the difference of 40% and a 30% added to it.  Could mean my very own first brand new car, but more likely another new car for the boss( she really loves the new Chrysler Pacifica ).

Semper Fi

[ADodge]

Well as I said in my NOD. I filed a statement in support of my claim asking the VA to recognize that they made an error in 1984 when my claim was denied and that I would like them to rectify that error as they review my NOD!  Now I am fairly sure that if you bring a CUE to their attention and it really is a CUE that the VA must correct it.  If not well no harm done. But it seems to me that I read some where and it might have been in a granted appeal I was reading that if the VA is made aware of a CUE they have an obligation to act upon fixing that error, long before the Veteran has to file an official CUE.  

But I maybe wrong?  I'm going to go back over the appeals I was reading and check though.  

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[Gastone]

ADodge, a CUE Review, from an 84 Decision? Did you talk to a VA Lawyer for a "FREE" consult? If I'm carrying my "Naughts" right, a chance at 20% of that pile of Retro, even on a slim chance, would have an Attorney salivating.

Care to share the Redacted Evidence of Record, that was missed?

Semper Fi

[FormerMember]

Andyman, you have a viable case for an earlier effective date. Remember you get one shot at this when you finally win. It's an easy NOD. Just make sure you get the 0958 in before the 1 year date of grant for bennies. Good luck, sir. 

[ArNG11]

Seems silly to say this, but send that NOD in triplicate via green card with a bow on it Andy.  I kid you not, the VA will try to state one was never filed.  I'd keep a copy of one in a safe place where only you know of its location.    Paranoid, ....why yes very.  

[Andyman73]

AskNod, ArNG11,

I filed that EED NOD a few months after getting the decision letter and my C-file. Letter dated July, C-file also July, EED NOD filed in November. I had the benefits counselor at my VAMC scan it into the system, and mailed a hardcopy the same day. Ebennies has it on my appeals list.

With my evidence I gave them is a copy of the handwritten request copied right off my C-file, for that claim, from Feb, '06.

Semper Fi