CUE filed within appeal period and success

[Berta]

As I understand this a vet rep or girl in the rep office filed CUE against VA within the appellate period.

The VA called it, I think, a Reconsideration. New evidence was sent in but it sure seems to me it was in fact a CUE. When VA makes a CUE that a claimant raises ( or their rep) they dont like to say they awarded the CUE.

They have never stated that in any of my CUE awards...as far as I know.

My SMC CUE award just acknowledged the 2 CUEs I had filed and then awarded them in my Nehmer decision.

There is discussion here that CUEs cannot be filed in the appeal period and I have no need to try to argue with those statements.Some of us are doing that and finding out  that YES- a CUE can be filed during the appeal period. My last one or two CUEs were filed within  a day or so after I got an erroneous decision.And awarded fast.An award letter as well as a denial can contain a CUE to any claimant's detriment.It will follow them throughout the claims process until someone gets smart. 38 USC 5109 applies to them as well as to us.

This vet above did very well --you have to read the entire thread.It is a recent award.

[Berta]

I stand corrected...the veteran said it was, in fact, a Reconsideration request, and no CUE was filed.

Sorry I didnt get that when I posted this- however...

either way Recon requests and CUEs in the appeal period CAN change the outcome.

A Reconsideration Request requires New and Material evidence,and does not stop the NOD clock.

If the NOD deadline looms close, with no response to the recon request (or even if they do respond, but fail to award at that point,) make sure the NOD is filed ,with proof of mailing prior to the NOD decision date deadline.

CUEs cannot be supported with  New and material evidence.

A CUE  claim rests solely on the established medical evidence VA had at time of the alleged decision being CUED.