I Was Just Informed That My Cue Claim Was Already Decieded

[mos1833]

this is crazy , i filed a cue in 2002,at the same time i appealed the same claim with new evidence and it was reopened and denied again,but they never said any thing about my cue claim. so i filed a request as to why ,

today i called to find out why its taking so long to get the information i requested.and john said i had already been informed of there decision in a letter they sent me ,

the letter they sent me was just a notice that they received my inquiry and gave it a number so i could follow it progress. the letter also had a copy of the last denial of my claim.

so john said today that the letter was to answer my request, he said that my cue was decided in the last decision of my claim, ( a copy was included in this letter ) and he said it was denied with-in that decision.

so i said that decision did not say any thing about my cue;

he said it didnt need to,he asured me that it had been decided even tho they didnt point it out.

i said a cue is a seperate claim , he said it wasent and was decided in the last decision.

he said ide need to reopen my back claim to get to the bottom of this.

he said he could do it for me over the phone, so i said o.k.

this cant be right. thanks

[mos1833]

the va has made a lot of mistarkes (or) cue .

should i try to prove them all (or) just the one they never decided.

thanks

[stillhere]

i would stay on the won that you feel will give what you want.

of course you again could list all the laws you feel they did not follow and get all said and done that way. might be easiest to and you would be finished!

Stillhere

[john999]

Who denied your CUE? You can appeal the denial of the CUE. You need to see a copy of the denials, pronto. You know as John B. said you can't file an appeal, and a CUE on the same claim on the same issues at the same time. Your CUE must be on a claim that is final. For instance, you filed a claim in 2002 and were denied. The denial became final because you did not appeal. That you could file a CUE since the decision is final. Does not mean you will win, or that you have a good CUE, but you can file.

What did you file the CUE on? Was it a previous decision before 2002 and it just so happened that the 2002 and your CUE were filed on same form? You don't want to mix these things up because the VA will get mixed up. I filed a CUE claim back in 2005. I had filed a claim for DMII also I think. Both claims were rated in same decision. I won the DMII claim and lost the CUE. I appealed the CUE denial and I also appealed the DMII claim because there were secondary conditions that were not granted. These claims were entirely different.

Where have these claims been since 2002? That is 12 years.

[mos1833]

john999 and stillhere thanks

john the cue was filed on a 1985 decesion, in 2002

that denied sc for a back condition,but not appealed.

and it became final.

you are so right,,,, i dont want to get things mixed up.

my claim was at the bva ,then,the court,then to federal circuit,

all that information are in my other posts here at hadit.

boy what a mess.

any way the court fineally denied my back claim.

my lawyer said he could not help me any more and quit.

so i let the time run out for an appeal.

then i was reading my c-file and came across this cue claim filed by

my vso in 2002.

so i filed an inquiry request as to why it was never adjudicated.

then the other day i got a letter saying that they received my cue claim.

they already screwed up and i dont know how to fix this either.

can i just claim cue on them for not making a decsion on the first cue claim.

thanks

[Berta]

"can i just claim cue on them for not making a decsion on the first cue claim."

No. You have an open CUE claim.
Since the VA finally acknowledged the CUE,if I were you, I would pull out the older denial and get a copy of the CUE that the VSO filed.

Then again it this involves a CUE on something that still has not been service connected, there sure might be no point at all in pursuing it.

A valid CUE rests on an illegal decision , made with established medical evidence (usually), in VA's possession ,at time of the alleged CUE.

I added the "usually" because a member here has a beautiful CUE claim she recently prepared for her husband.

The veteran had the VA PTSD diagnosis, (the established medical evidence)and he had the PH on his DD 214, and in his initial claim the VA would not concede his stressor, saying no evidence of stressor.

I guess some dope at VA didn't know what a PH was.

You dont get the Purple Heart without having experienced a stressor. DUH!

In some cases like the SMC CUE I had, it rested on both medical and legal evidence, established with the VA at time of the CUed decision.

It would be great if we could read the CUE claim the VSO sent in.But it seems to me that the disability in question that you claimed ,still is not SC.

[mos1833]

berta thanks

the cue filed in 2002 was on a 1985 decision.

it was 5 pages long. and its in the record.

but never adjudicated.

my claim for a back condition is not sc.

since 2002 its been up and down the ladder .

which confused the case even worse.

ived tryed to post the cue claim useing openoffice but it doesent work.

for some reason i cant copy and paste either.

the va didnt acknowledge the cue,

they just said they received my claim for a cue.

when in fact what they received was a inquiry ,as to why they have not

decided the cue filed in 2002.

so heres my plan.

i will print out the cue thats in the record file in 2002.

and send it to my r.o. (thats where this letter came from)

and ask the to explain why its still open.

should i add any 38 cfr stuff (law)

as you can tell i need help , oh the vso i worked with lately

is a waste of time.

thanks