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marina53

Wait for CUE decision or file additional sc claim?

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My husband is 100% P/T disabled vet TDIU, no further exams. With the new proposal to eliminate the TDIU for vets who have reached retirement age, we are very concerned that his TDIU will be cut. Because of his disability, he has very little social security. There have been SC claims that have been denied, but may be able to be re submitted. The issue is that he has a CUE pending and his VA lawyer told him "Don't rock the boat with any new claims because it will set the CUE back even further". Any thoughts on this as to what he should do?

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If he has a Lawyer let him handle it that's his job, but if it a VSO than you 

might need to check with somebody else.

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@marina53 first stay calm this has a long way to go before it becomes law if at all and it's just as likely as not that many TDIU veterans will be grandfathered in. 

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A Pending claim takes precedence over other claims. In other words , in my experience this is what happened.

Filed CUE 2003 and a different CUE in 2004. When Nehmer came out (2010) I filed a new claim.

My CUEs were still pending BVA transfer in 2012 when Nehmer VARO started to adjudicate my AO IHD death claim. The RO was deliberately stalling on it.

I contacted the Nehmer VARO to state in writing that my pending CUEs had relevance to a proper AO IHD award.( Sent them copies of the evidence and the CUE claims.)

Then in mere weeks ( I also had to CUE them over the first decision which only tooks a few weeks -to fix ( GCY CUE)2012 -I dont know if I mentioned that CUE here....I forget it...

In mere weeks they awarded the Nehmer AO IHD claim and also awarded the 2 CUE claims.

I felt my CUEs had priority but don';t know if I found a citation to support it- yet it didnt matter when I go to the Nehmer VARO.

Have you posted any thread here before on the CUE claim? I cant find any thread on it.

 

 

Edited by Berta
forgot something

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Thanks Tbird----I agree with you 100%!!!!! 

As you know VA has pulled BS like this before that goes no where except it causes anxiety to vets who sure do not need more anxiety in their lives.

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27 minutes ago, Berta said:

A Pending claim takes precedence over other claims. In other words , in my experience this is what happened.

Filed CUE 2003 and a different CUE in 2004. When Nehmer came out (2010) I filed a new claim.

My CUEs were still pending BVA transfer in 2012 when Nehmer VARO started to adjudicate my AO IHD death claim. The RO was deliberately stalling on it.

I contacted the Nehmer VARO to state in writing that my pending CUEs had relevance to a proper AO IHD award.( Sent them copies of the evidence and the CUE claims.)

Then in mere weeks ( I also had to CUE them over the first decision which only tooks a few weeks -to fix ( GCY CUE)2012 -I dont know if I mentioned that CUE here....I forget it...

In mere weeks they awarded the Nehmer AO IHD claim and also awarded the 2 CUE claims.

I felt my CUEs had priority but don';t know if I found a citation to support it- yet it didnt matter when I go to the Nehmer VARO.

Have you posted any thread here before on the CUE claim? I cant find any thread on it.

 

 

Berta, I posted in May a question on how long does it take for  a docket number to be assigned to a CUE case. My husband filed Form 9 over 2 years ago to Denver Regional Office and has not heard anything, nor can he get any information when he calls them. His VA attorney tells him to be patient and not to file any additional claim till the CUE is done. If the CUE comes through properly, he should be 100% schedular, not just 100% TDIU.That is the dilemma now, with this new mess regarding the elimination of TDIU for older vets. He is planning to run this all by the attorney again. And hopefully, as TBird said, it won't go anywhere,

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