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pete992

Bva Remand Cue And Nod Intertwined

Question

The Board remanded the claims, in part, in December 2008 so the RO could address motion for revision based on CUE in October 1998 and November 2003 rating decisions. The RO issued an October 2009 rating decision which denied both motions. The appellant then submitted a November 2009 Form 9, in which he reiterated an argument that the earlier determinations overlooked his IBS and assigned him an incorrect rating, and failed to conduct appropriate development in 2003, and improperly assigning a 30 percent rating for psoriasis. The Board finds that the appellant has disagreed with the October 2009 rating decision as to the determinations regarding CUE and evinced a desire for appellant review in using a VA Form 9. Remand for issuance of a Statement of the Case on the CUE motions is warranted. See Manlincon, supra.

The appellant's earlier effective date claims would be render moot if revision based on CUE is granted. Thus, they are intertwined with the CUE motions. See Harris, supra. The board defers again of those claims at this time.

Please keep in mind that I am just trying to get an earlier effective date of both issues. VA had the evidence in my file but failed to review my entire file. Since I was already awarded the increase I am just seeking to correct Va's' mistake in not reviewing my file. It sounds like BVA agrees with my claim but there are other issues that have to be address also. I am just interested in your thoughts on this part for now. As I said, once the remand comes available, I will post it and ask for more opinions.

Edited by pete992

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Your CUE's are on unappealed final decisions, correct?

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Yes, they are unappealed final decisions

Edited by pete992

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The actual wording of the remand will help us understand this more-

Good for you for pursuing this!

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Berta, this is part of the remand that I just received. I just keep reading it over and over again and it sounds like to me that it is very much in my favor. I am waiting for it to come up on the BVA search so I can post the whole remand. So I am thinking that I gave them enough information to prove that VA should award me an earlier effective date on both issues and then reopen my other claims. I am not sure how long it will take to come up on the BVA web search but I will definitely post it when it comes up.

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pete992,

They are in the middle of putting the April 2010 BVA decisions on line as of last week.

carlie

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      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

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