ptsd Jurisdiction Of C&ue

[RodnAnn]

My Vietnam veteran husband is at 50% SC for PTSD & has been since 2008. 1990 was the first time he filed a claim for PTSD & he let that claim become final. Again in 2002 he filed a claim for PTSD & when he was denied he did not appeal and that claim became final. At the time of the 2 claims mentioned we lived in Alabama. So these claims were decided in Montgomery, AL. After moving to Mississippi, he got his claim re-opened in 2008 by submitting new and material evidence. That claim was decided in Jackson, MS. In July 2012 he filed for an EED on his 2008 award for PTSD( which at the time was at 30% ) to include C&UE & to extend back to 2002. At the same time he had an appeal at the BVA for an increase to 100% for the PTSD. When they ruled on the appeal in November of 2013 they mentioned the C&UE:

" the issue of whether clear and unmistakable error was committed in the prior final rating decisions of November 1990 and November 2002 has been raised by the record , but has not been adjudicated by the RO. Therefore, the Board does not have jurisdiction over it and it is referred to the RO for appropriate action."

My question is "Has anyone experienced a similar situation and can anyone give us any insight to where the claim for C&UE ended up?" We don't know where to go for answers and we really don't understand what this statement means. Is the claim for C&UE at the regional office in AL or MS?

[Berta]

"That claim was decided in Jackson, MS. In July 2012 he filed for an EED on his 2008 award for PTSD( which at the time was at 30% ) to include C&UE & to extend back to 2002. At the same time he had an appeal at the BVA for an increase to 100% for the PTSD. When they ruled on the appeal in November of 2013 they mentioned the C&UE:

" the issue of whether clear and unmistakable error was committed in the prior final rating decisions of November 1990 and November 2002 has been raised by the record , but has not been adjudicated by the RO. Therefore, the Board does not have jurisdiction over it and it is referred to the RO for appropriate action."

What is the last info you have had from VA regarding their receipt of and status of the CUE? if any...

"In July 2012 he filed for an EED on his 2008 award for PTSD( which at the time was at 30% ) to include C&UE & to extend back to 2002"

I have always filed CUE claims as separate from any other issues I had.

I had a situation of 3 CUEs in one claim but made the claim as brief as possible, and sent the the Legal evidence.

The medical evidence MUST be established at time of the alleged CUE.

It must also be in VA's possession (regardless of where within the system)

It is the Watergate question..what did they know and when did they know it.

VA reacted very fast to some of my CUE issues but stalled on one (the 3 CUEs in one decision)

I filed these claims in 2004 and was awarded in 2012....not by the BVA .it never got there but by a different RO then the one that had actual jurisdiction.

I explained that story here in our CUE forum.

We have a wealth of info here under the CUE forum.

I assume you claimed CUE in a past denied decision due to the past rating of the PTSD.

If VA had documented medical evidence warranting a higher rating at that time, that would be a valid basis for a CUE.

But you need to specify the legal error they made.

If they violated Duty to Assist regs, that wont cut it.That isnt a legal error.

They do that all of the time.

"My question is "Has anyone experienced a similar situation and can anyone give us any insight to where the claim for C&UE ended up?"

Mine ended up at a different VARO because of the Nehmer Court order.That does not seem to be the case here at all.

Have you asked IRIS?

Go to the VA.gov web site and click on the CONTACT US button and you will be directed to the VA IRIS system,and I think you should click on the Alabama RO first.

Tell them what you told us here.

Ask for the status of the CUE as well as the EED claim.These are 2 separate issues.

They will need some mil/vet info first so make sure you have the DD 214 and the C file number available when you fill out the request form.

Edited February 19, 2014 by Berta

[Berta]

Just to add.....

The CUE award I got was wrong and they forgot some of the cash....I asked them to CUE that decision right away It is with a specialist

When I did that I wrote to both my AOJ...Buffalo VARO as well as the Philadelphia VARO,who held jurisdiction due to my Nehmer claim but who also had awarded the CUE, enclosing the medical/ legal evidence and regulations to both ROs.

I think the IRIS will cause VA to see exactly which RO,in your case, holds the jurisdiction on them,since he moved to Miss.

It could be that the CUE claim jurisdiction is held by Alabama, the other claim is at Mississippi but best to have some documentation directly from VA, in the IRIS email response you get, to confirm where these claims are at

[john999]

I actually did win a CUE at the VARO very quickly once. I did not file as a CUE. I just requested that I be granted SMC "S" based on the fact I was totally disabled (TDIU) and had an additional 60% that was awarded years after the TDIU award. I quoted Bradley v Peake as the reason I should have gotten "S". This was two years after I got the extra 60%, and I should have been granted housebound as soon as I got the 60%. The VA dropped the ball, however.

The VARO came back with an award of "S" via a CUE the VA called on themselves and two years retro. I don't know if the VA really called a CUE on themselves since if I had not requested in writing that I be granted "S" based on Bradley v Peake I would still be waiting for that "S". If you look at your C-File or a recent decision really stinks it does not hurt to question it. VSO's, lawyers and everyone else is always saying not to appeal or rock the boat. I would not rock the boat just to see it rock but if the VA owes me money then I am going to rock it.

Since the BVA raised the issue of CUE and left it up to the VARO to take "appropriate action" I would send them an Iris and find out what action the VARO is taking. If I did not get some answers I might just run this by a VA lawyer because this smells like money. The VA has a bad habit of just letting years go by before the take appropriate action if they ever do on their own. I don't even know what the BVA means by "appropriate action". Years can go by while the VARO fiddles with your possible CUE. The VARO might just look it over and say "NO, CUE". However, if the BVA saw a possible CUE I would not let this thing die and would hire Perry Mason if I had to get my rights.

[carlie]

I think the IRIS will cause VA to see exactly which RO,in your case, holds the jurisdiction on them,since he moved to Miss.

It could be that the CUE claim jurisdiction is held by Alabama, the other claim is at Mississippi but best to have some documentation directly from VA, in the IRIS email response you get, to confirm where these claims are at

Berta,

I agree 100 % with the bolded above.

Which RO has jurisdiction over the submission of this cue, depends on which RO

made the decision that the cue is submitted on.

Hope this makes sense.

[RodnAnn]

Thanks to all! Good info. Lots to look into and hopefully get some answers. We will post when we get some answers.

[Berta]

John said:

"If I did not get some answers I might just run this by a VA lawyer because this smells like money. "

Yes to that one!!!! The RO might have smelled the money first.

I would be in the crapper on some VA issues if I didn't file CUEs.

That is why they erred in my last CUE award...I guess they thought I would accept the retro they sent to me, but they forgot about 18 months at 100%.

The medical evidence at time not only of the alleged CUE that generated the decision (1998 decision) but also what they still had when they erred in the retro amount had never changed and I sent it all to them again.

I think the 'specialist they said it was with at my AOJ VARO, is whoever fills the office water and cup dispensers.

That is OK by me, as long as they can read my legal evidence.