Jangs1963

I filed a CUE in September and they combined it with another claim. On November 10th they issued a decision on the original claim but never addressed the CUE of 9/25/20. They just closed the CUE claim no decision or review of my evidence. I’ve called numerous times and said I had to wait 30 days. 30 days is here and gone. Then they said they would send an email which never happened. Today they were going to get me an answer and call me back. That never happened. I feel they may be in violation of 38 CFR 3.103 procedural due process. I’ve done an iris. But I’m sure that will produce nothing. Is there something I can file?

When my atty initially filed the CUE he did it by a Motion (that was in 2019). Apparently an attorneys motion means nothing. That Motion sat in the file and was not even looked at. When I called the 800# They insisted it be done on Form21-526EZ. Once I completed that and attached everything, things started to move. Not quickly but it moved. Berta, you were my biggest help. You outlined my letter. If I had to do it all again, (Which I will be), I wouldn’t have hired an attorney. Once this CUE is completed, I will be filing one more CUE. I wish Gail all the best. When they were reviewing my CUE, I had to write a summary of the motor vehicle accident which was in the line of duty. They must have compared it to the information they requested from the JSRRC which is an official military database which verifies the stressors. My stressor was not combat.

This was the only claim I got an attorney for. It seems to me they awarded me 10%. My original claim was from 1999. I was hoping on 20%, but 10% is still a big win for me.

So, I checked VA.gov to see the status of my CUE. It indicated "appeal period pending final release of atty fees." (it gave the amount) and it was listed under "claim for comp and pen updated on 07/22." So underneath that one is another "claim for compensation" updated 07/22, when I view that, it doesn't indicate a decision was made or that a decision was sent. When I contacted the 800# they said they are sending a packet to me. But as I said, VA.gov does not show that it is complete. In fact the date they have now under estimated completion dat, is 12/2020. Has this happened to anyone here on a CUE claim? I mean if they are finalizing payment of my atty's fees, wouldn't that mean a decision has been made? I would appreciate anyone giving input.

I sure hope so. It seems like this CUE is taking forever. And thank you once again for all your help. I refer all vets here.

No. It was a motor vehicle accident wherein I injured my back and neck . I’m not claiming PTSD.

What is a MRS review?

Has anyone filed a CUE and watched the status? I filed the cue and they asked for a summary of what, where, when etc. did accident occur. I gave summary. Then status JSRRC - no longer needed; then secondary review - no longer needed; MSR review - no longer needed. Is this the normal process for a cue? I read a lot here on cue but this never came up.

Berta, I want to thank you for your assistance in my CUE claim. I did everything you said. So, I faxed everything in on 12/16/19. On 01/25/20 it moved to evidence gathering etc. then I received correspondence as for all the details of the accident. Which I wrote a summary of the dates places and what occurred. I downloaded it on 02/4/20. It is showing they received. On 03/10/20, it indicates “we closed the notice of request 1.” Which is showing request 1 as JSRRC Coordinator Review. No longer needed. Does that mean VA received info on my accident from JSRRC? Looking at the projected completion date, it is showing August 2nd. Does that seem like a long time to decide the CUE? I had no idea what JSRRC was until I researched it. Which to me seems like the hidden black book of information that we never get to see.

No, they did not address the remand. I’m going to do an IRIS. This decision makes no sense.

But doesn’t the RO have to address the judges remand?the SOC was dated January 7, 2019. I never received it until the end of March. That is why I filed the 9 to appeal. Timely filed the NOD. But, when I received the SOC , I just figured appeal.

On 02/28/18 I received a decision from VA on my elbow issue(denied). On 02/19/19 I filed an NOD but in the meantime, I call 800 and they asked if I received SOC. I said no can you send again? Still did not receive and called back and asked to fax it to me. The SOC was dated 01/07/19. I had about 5 days left of the 90 days to respond. So, I wrote my statement and filed a V9. Okay so now it is in appeal stage. All of a sudden on va.gov, the VA added ankylosis and somewhat opens a new claim file. indicating “we received your NOD and a RO is reviewing.” Fast forward, on 02/14/20, I receive a decision from judge remanding my elbow appeal. On 03/03/20 , I receive a decision from the RO indicating that I did not submit my NOD in a timely manner. When I called the person has no idea why I received the decision. My elbow issue has been on appeal since 02/19 . The decision I received said I could file a V9 for appeal. I don’t understand bc my elbow issue was on appeal and was just remanded back. Does this make any sense? When I do look on va.gov or ebenefits, there is no indication of a decision being sent. It just indicates under review. When I called the girl said it’s showing it’s under review. I just don’t want to miss anything.

You can see if there is a police report. When I was on duty the driver of the military vehicle lost control of the truck and we ended up crashing and rolling on the autobahn. The driver was life flighted and I was taken by ambulance. Nevertheless, they could not find the hospital records. And, I do understand about the non-combat ptsd. I could not figure out why after the accident, I have a fear of being the passenger in any vehicle (even my family). I literally have a panic attack when someone else says they’re driving. My remedy was to drive myself even if it’s down the road. Nothing worse than anxiety. But I hurt my back pretty good. My only saving grace was my sick call records.

So the VA has finally accepted my CUE(S). So they separated it into 2 separate CUEs (1) thoracolumbar strain and (2) dextroscoliosis. Claim received then to initial review then to evidence gathering, review and decision (estimated complete date 2-11-20) and back to initial review (estimated complete date 7-9-20). Does this normally occur? Is it a good sign or bad? Thank you for any input.

That makes more sense to me. Thank you. So, if the RO is reviewing the new evidence can they make a decision and possible rating? Or do they review it and send it back to BVA?