carlie Posted June 23, 2010 Share Posted June 23, 2010 Claimant has claim at BVA with several issues. One of the issues is a claim for CUE on a Rating Decision from over 30 years ago. BVA Decision states, the claim for CUE is blah, blah, blah and is dismissed. I am thinking a dismissal is completely different than a denial. Would this be correct ? Thanks for your responses. Link to comment Share on other sites More sharing options...
Berta Posted June 23, 2010 Share Posted June 23, 2010 Yes- if the CUE claim is dismissed without prejudice, the vet has a chance to reword the CUE with a different legal error approach and then file it as a new CUE claim. CUE is not the one shot deal we used to think it was. The newer claim of CUE must be on a different legal error basis than the first CUE claim was. Link to comment Share on other sites More sharing options...
Question
carlie
Claimant has claim at BVA with several issues.
One of the issues is a claim for CUE on a Rating Decision
from over 30 years ago.
BVA Decision states, the claim for CUE is blah, blah, blah
and is dismissed.
I am thinking a dismissal is completely different than a denial.
Would this be correct ?
Thanks for your responses.
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