Asking Dro To Cue On 38 Usc 5107 (b)

[Guest Berta]

As stated I got a CUE granted on a decision under violation of 38 USC 5107 (a) in a few days-

I was hoping the 5107 ( part was OK- it wasn't.

My vet rep feels I have made a very strong argument here and then I realised he was unaware of additional evidence I have , which I am sending him, that may well get the decision CUED under 38 USC 5107 ( as well as (a).

There regs are for US. If we do not use them to full advantage, VA gets what they want and we don't.

I sure didnt need all of this as I started school again-

My time is critically limited but for the first time in two and a half years my claims are close to resolve!

5107 ( is Benefit of Doubt and I have weighed the scales significantly in my favor with evidence.

Neither I nor my vet rep understand how the DRO applied this reg.

She failed on part (a) and that was fixed.

This is different. 5107 Part b- you would think the VA comprehends these most basic regs.

Obviously this DRO didnt.

I am pushing for VARO to Cue themselves again. will let you all know how this goes.

Make SURE that the VA does apply these regs in 38 USC 5107 in regarding your claims as this is the basic initial

Duty to Assist that you are required by law to get -right from the git go.If they didnt so that- make them explain on paper why they didn't. Make sure this goes into your NOD if needed.

I always send them a copy of the specific laws and regs I refer to.

Berta

I have no idea why the smiley came up for 5107 (:)

It is Part B if it happens again-

I have had considerable problems with this site-posts just vanish-then had a big debugging problem yesterday-because I clicked on a email link to a hadit reply-I had to re boot and everything- then many times I was asked for my password today-and could not post-

I tried one more time and it went through-

Am I the only person here having problems?

I have not been able to take much time on the board to understand it all-

I do know it works good most times.

The debugging incident took too long for me to deal with so I dropped the email notification thing.

Edited September 29, 2005 by Berta

[Jay Johnson]

B + ) = smiley face...it's best to disable emotes before posting IMO.

[Alex]

Berta --

VA left some money on the table if they gave you CUE on benefit-of-the-doubt, because the court has held to extend this does not constitute CUE.

Alex