CUE when waiting DRO review?

[Bignose]

I have several conditions awaiting DRO review.  I have identified s few CUEs with the decisions. Can I claim a CUE when the decision is awaiting a DRO review or is it to late ? If not now when can I file CUE?

Also can I request amend medical records when waiting for DRO review? 

Everyone of my DBQs done at CnPs is full of inaccuracies that can be proven with my medical records.

I am thankfully for the VA but this process is beating me down and the learning curve is long. 

Thanks for any help you may provide.

 

 

 

 

 

[Vync]

I know this post is rather old, but wanted to reply to benefit other members who might have the same situation.

CUE can only be used for claims which are closed and final.

For active claims, you need to use the traditional appeal procedures.

[jfrei]

I also agree and want to add if your filing a DRO review that’s what you want to bring to the review as evidence this is what I did. And doing this with the DRO and my attorney when we suggested CUE to her she agreed and she actually handed  my cue case to the BVA in a manner of speaking for a decision in four months and yes it can happen in Philly which is where my DRO review happened and Cue claim decided in under a year... obviously my claim was sooo xxxxxx they saw and wanted to fix it even the VA makes mistakes I don’t hold harsh feelings anymore four later now that is lol 

Edited January 13, 2020 by jfrei

[vetquest]

Gosh, I do not know how we missed this.  @Bignose, if you get this email please respond.  Your DRO review will not be done by now.  You can bring up in your DRO review how the C&P's did not match your private medical records.  It should be something that the DRO is willing to discuss.  Remember that after a DRO review if you are denied you also have the BVA to take your concerns to.  I would do that, while it takes a long time the BVA is more apt to read all of your records and evidence that you supply.

[Dustoff1970]

Vetquest is spot on with his advice IMHO.  If you are denied then your appeal procedures begin with a reconsideration request ( if you choose to do so) and then the NOD and finally filing a VA Form 9 known as a substantive appeal to the BVA. 

It is important for you to highlight in bold print your VA and or service medical records that contradicts the C&P examiner's negative opinion at each step of the appeal procedure to make sure it is seen and read (hopefully) by the DRO and later BVA.  This could also be your primary strong argument you put forth about those records.

You can add new and relevant evidence at each of these steps if you have such evidence to offer.  Many times when BVA rules against the initial VA decision it is because the examiner and or adjudicator ignored or downplayed important medical treatment notes and test results and or other doctors diagnosis to your benefit.

My above info is not legal advice as I am not an attorney, paralegal or VSO.