2 NOD’ turns into 2 CUE’s

[silverdollar22]

It’s been a long time since my last post because I had to take a break from the VA horror. Just wanted to say hey and thanks for all the help in the past. I had a C&P for my back and hip and was lowered for my back and denied for my hip. I was 20% on my back and lowered to 10% even though my C&P doctor said that I had a gait. First CUE! Second my primary doctor said in a letter that more likely than not my hip injury was caused while in the Army. I was denied because the rater misread the letter and said she said not likely. Second CUE! After carefully reading the decision letter I put in a NOD which should have been a CUE. I realized this and contacted someone at the RO and was contacted and told that yes both of my NOD’s were in fact CUE’s. I received my rating change yesterday with the statement that my claim was eroniously done and was increased back to 20%. I was also scheduled a C&P for this coming Monday for my hip which was already defined as a CUE! I love it when we can CUE the VA. Point of this post is Always,Always check your decision letter and the cfr’s to make sure you weren’t screwed over by a stupid rater!!

[Berta]

Yippee for YOU!

I bet the VA makes more legal errors ( therefore  CUE potential) than we will ever know!!!!!

They make them in awards as well as denials- so no one should ever accept an award letter and not check it out for CUE....just in case.

[broncovet]

Maybe I missed something here.  Let's compare a "nod" and a cue:

1.  NOD has to be filed in a year, Cue anytime.  

2. Nod retains benefit of the doubt, Cue does not.  

3.  Nod does "not" have to be Undebatable, while Cue must be undebatable.  

4.  The effective dates should be the same, as long as you timely filed the nod.  

Of course there are other differences, but maybe not all that relevant.  Most relevant is cue "raises the standard of review" this is not necessary with a NOD.  

      I see no benefit to filing a cue, when a nod will do.  Both should result in a similar rating, and a similar effective date.  So, why raise the standard of review and make it more difficult to win?  Isnt VA law challenging enough?  I think it is.  

      I think you mean VA cued themselves, and that is fine..if they identify its cue..there is no risk to you when that happens.   

[silverdollar22]

Actually I brought the CUE’s to there attention after not hearing from them for over a year and a half. I have a very high contact at the RO and asked him to look into it for me. He had someone contact me and say to me that after review of my NOD it was indeed a CUE and would be handled as such. The next day I was scheduled a C& P exam for my hip. Yesterday I received a BBE which now is folded in half with there decision and admission that they made a mistake in lowering me on my back. The lady that I spoke to also said that my other NOD was also a CUE so that is why the C&P was scheduled.