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dismissed CUE

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jfrei

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I was granted my appeal but wish the VA could admit they F@$!ed up. The judge said 2011 they never issued me a SOC to technically my claim was still pending and there is no merit for a CUE claim. Yet they were able to deny my claim again in 2014 and 2015. How did they not even look at what the judge did at the RO, they are my reason my anxiety is a problem now? I really wish i could file a claim for wrongful denials.

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Buck said:

"Ms berta

I was going to try to move all these post into one post but this poster has 4 different post  all about the same subject matter but diffrent headings, so it would be hard to move his post into one post."

Thanks for trying but I am not going to reply to scattered posts anymore.

It is not fair to us who are trying to help because it convolutes the issues.

I used to take the time to search for prior posts in different threads from the same poster , because we cannot remember everything from their older posts that might help with their recent questions, but I don't have the time to do that anymore.

This vet's BVA decision docket has numbers Xed out of it.

BVA Docket numbers are public knowledge.

Maybe this vet can post the Docket again and someone else can put up a link to it and help them.

 

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15-45380 I didn't know if I'd get in trouble for putting it out there sorry ms. Berta and decision was favorable just annoyed they dismissed CUE saying it was still open from 2011 even after two other denials in 2014 2015.

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Reopening could well be a more favorable result than CUE.  There are several reasons for this:

1.  Reopening means that VARO owes you a decision, so you have more chances at a favorable one, RO, DRO, BVA ,etc, as that means your claim goes back to the RO for a new decision.  This means your so called dismissal results in the same thing as a remand back to the RO.  

2.  You keep BOD, while a CUE claim does not get BOD.  

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After 19 years and some change, VA relented and gave me my 1994 EED at 100% following my appeal to the CAVC-but I didn't get an apology. After 5 years of denials for a greenhouse, the VLJ eviscerated the Seattle VR&E Katzenjammer Kids for their denial logic-but I didn't get an apology. I was forced to file a Writ for SMC S all the way back to 94 after Secretary Bob interceded and gave me a SOC. Secretary Bob did not send me an apology after I won everything. I do not believe they have a VA form for apologies. Always remember that a win is a win with VA regardless the "excuse". Justice delayed is never Justice denied. The 20-year interest on the $838 K "loan" would have been nice, though. 

Besides, you would never have wanted to get in a CUE knife fight in a dark alley with VA. It is a bitch slap for the VARO because the VLJ said they forgot the SOC. That's like a big L on the forehead...VADHD. They have one job. Deny. The next step is to deny your DRO review. Last, they issue a SOC continuing denial and certify the claim following the VA 9. How do you certify w/o a SOC? How do you accept a VA 9 w/o a SOC? When this happens, the rules say VA does not demand a NOD or VA9 to satisfy legality. If VA certifies it with a VA 8, they signify they have accepted it in "as is" condition regardless of deficiency. As an important matter of law nowadays, the VLJ can use the VA 8 to elect to maintain control of it and make  a decision even with the defect. If any extra evidence had been submitted, s/he could send it around the corner to the AMC on 1718 Eye Street and have them "redeny" it and issue a SSOC. Here, you won without a declaration of CUE which means it is remanded to comply with the VLJ's findings that it was in Limbo and still viable. The VLJ granted what you hoped for in a CUE success. You win twice. All you have to worry about now is the idiot that is going to low ball your rating for TBI on remand at the RO. You'll get to file a new NOD and begin the appeal process all over again. But this time you're waaaaaay smarter, huh? 

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I hear you Nod thanks for your sharing your experiences with me. Luckily Ive already been rated at 70 for my TBI back to 2010 its in for an increase the remanded items were two of the ten things residuals to my accident. They have already been SC but were never rated.

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Your dismissed CUE represents one step of many where the VA deliberately overcomplicates things unnecessarily so, in order to delay your benefits.  

Its inconsistent with the so called claimant friendly system.  Now, you have to compel the VA to a decision on reopening.  If the VA wont render such a decision, then you may have to file a writ to compel a decision on your 2011 claim, which, according to your post is still open.  

Prior to filing the writ, you should try sending the decision to your VARO, asking them when they plan to comply with the CAVC ruling and complete the decision on the 2011 claim.  Explain the decision is 5 years old and Allison Hickey wants all claims decided in less than 2 years, in a memo.  This memo has not been repealed to my knowledge.  

Im running the hamster wheel daily also, and we may meet on the course.  

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