Losing_it

Berta, can I send you a message?

I now know what the error is: The 0% contention is comprised of two distinctly separate disabilities, however, the VA incorrectly lumped them together and only addressed one of them with regards to exam, medical opinion, DBQ, and rationale for assigning the 0%. One of the disabilities was basically completely omitted, hence the "New" C&P was for only the disability that was omitted.

I appoligize jfrei. They said because they cannot work the correction and have the contention on appeal at the same time...so basically one or the other.

Thanks Berta! I was sending it to the wrong email address. What Jfrie listed worked. I am waiting on a response. The VA is now saying that the only way the VA can continue to work the CUE correction is for me to withdraw the 0% contention from my appeal...

Berta, I tried emailing Shulkin but it doesn't seem to go through. Any suggestions?

Thanks Berta, I appreciate you sharing your knowledge. "VA is trying to blow smoke up your ass if they claim the NOD is cancelled because of the CUE. " It's quite the opposite, the VA is saying that their self identified error they were working is cancelled because I submitted an NOD. So basically: - I got my decision letter and disagreed with it - Before I submitted my NOD, the VA realized on its own that an error was made and began working to corrected it, but I didn't know they were doing this. -Then I submitted an NOD, again not knowing a correction was in the works. - Because I submitted an NOD, they stopped working the correction and are trying to say now I have to wait for my NOD for this correction to be addressed.

I have highlighted pertinent facts and am piecing together the puzzle: - My original claim under went a quality review and an error was identified - EP 930 was issued under the "correction of previous erroneous actions" and was labeled as a "Correction of Local Quality Error" in VA's internal system Based upon the above "Actions to take", it would seem that the EP 930 correction shouldn't have been cancelled as my NOD was received subsequent while the EP 930 was pending for the same contention... We shall see

After doing some research myself, I found an Appendix for End Product (EP) Codes and found the relevant information. Appendix B. End Product Codes and Work-Rate Standards for Quantitative Measurements http://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ss/#!portal/554400000001018/article/554400000011474/Appendix-B-End-Product-Codes-and-Work-Rate-Standards-for-Quantitative-Measurements 930 - Review, Referrals, Other General: EP 930 applies to reviews and issues where no other EP is applicable and where the appropriate EP credit has already been taken to include the following correction of previous erroneous actions (other than those applicable to EP 960) - select one of the following claim labels Correction of Local Quality Error Correction of National Quality Error PMC - Correction of Local Quality Error PMC - Correction of National Quality Error Appeals Control Actions to take for missed issues or prematurely cleared EPs and corrections of previous erroneous actions: If a subsequent claim is received while an EP 930 is pending for the same contention, process the claim under the pending EP 930 If the new claim is for a different contention or claim type (rating vs. non-rating) establish the appropriate rating or non-rating EP, and leave the EP 930 pending for correction of the error. If a rating or non-rating EP is pending, and a missed issue is identified, then establish EP 930 to control the missed issue. Note: EP 930 and the appropriate rating or non-rating EP can be pending concurrently in these scenarios.

The rationale to cancel their selfidentified CUE puzzled me... Essentially saying the: We made a mistake with your initial claim and began to work to correct it, but forgot to notify you of this. And because you did know we were working to correct this error, and you did the right thing by filing a NOD for something you don't agree with, you'll now suffer the consequence of waiting years... The above is my interpretation, what was actually said is that: The local quality review and/or work on correcting the CUE should have been cancelled upon receipt of the NOD because a CUE Claim and a NOD containing the same contention can not co-exist per law.

No, this information is coming directly from the RO.

The rationale to cancel their selfidentified CUE puzzled me... Essentially saying the: We made a mistake with your initial claim and began to work to correct it, but forgot to notify you of this. And because you did know we were working to correct this error, and you did the right thing by filing a NOD for something you don't agree with, you'll now suffer the consequence of waiting years...

They are still looking this and what plan of action will be taken from here. It seems there may have been some confusion from what I gathered from conversations, but this is purely speculation on my part as I haven't been told this concretely. However, when speaking with folks at the VA, they initially seem to think that I submitted a CUE claim and a NOD for the same contention (I can't do both in this case). This isn't the case, however, because the VA initiated it (unbeknown to me) to correct a mistake they identified. Once I explain this, they take a closer look and find this surprising and strange and see that what I am saying is true. So it has been acknowledged, now I am just waiting on the information as to a resolution to this situation.

I am sitting tight to see where it will go. whether it is a good thing or a bad thing will be determined whether or not they are going to finish out the CUE (good which would allow to appeal the CUE if needed) but bad if they make me wait years with the rest of the appeal.

Yes i believe it was.

A very helpful va rep is looking into this and can hopefully help resolve this favorably. I should know more tomorrow regarding where this goes