Cue During An Appeal

[hurryupnwait]

Can I file a CUE claim and still work on my appeal at AMC? I reopened a claim that was denied in 1973 and was not appealed. That claim has some CUE issues.

This claim is at AMC. Can I work on getting this appeal settled and have a CUE on the same claim.

This gentleman submitted a post on this subject. Here is his post:

Jay Johnson

Oct 21 2005, 11:22 AM

I was recently told by my contact in the Seattle RO (part of team 1?) to file a CUE based on the regulations broken in my wife's recent decision. When I posted the CUE(s) I had written to Hadit I was told that I could not file CUE until we had exhausted her appeals process, so I decided to hold off. Today, I spoke with my contact again and he clarified the process for me....he said not only could I file a CUE right now (just putting in for DRO as well), but both my DRO and CUE will be handled seperately (IE - I can appeal the CUE decision AND appeal the DRO decision if both turn out to be unfavorable). He also said that the CUE goes directly to the "coach of the appeals team" and shouldn't take longer then a few months AND this can be done WHILE my appeal is in for DRO. If I do not agree with the "coach of appeals" decision I can appeal it to the BVA along with any appeal I may have for the pending DRO.

Now, this is one man's opinion on the matter and I am just starting the process, but this individual works with the rating teams (he puts together all of your evidence, claims, etc and personally brings them to the raters). So, I will try to give updates to the case to see if this is, indeed, the truth.

P.S. - He isn't the first person in the RO to tell me I could CUE whenever I wanted....apparently, finality isn't whether you have exhauste appeals, it's whether or not the RO has made a written final decision (which is just the beginning of the appeals process). If this turns out to be correct we could go after the RO on two fronts at once....cross your fingers:-)

Edited May 7, 2007 by hurryupnwait (see edit history)

[vaf]

Could you tell us if the AMC has your claims file, or if it's with the VARO?

The story we get here is that anything we've filed at the VARO level, as of the day after my husband's claims file left the VARO to go to Washington (first for a Board appeal, then to the Court, then back to the AMC where it is now to handle a couple of remanded claims)will not be reviewed until the claims file is back in the VARO's hands, whenever that is.

The AMC still has the file, which initially left the VARO here in Louisiana in July 2004 (no, that's not a typo, 2004 is correct).

We have a CUE waiting at the VARO, actually, a couple. So I'm interested in the answer to your question, as well.

Thanks!

[hurryupnwait]

Could you tell us if the AMC has your claims file, or if it's with the VARO?

The story we get here is that anything we've filed at the VARO level, as of the day after my husband's claims file left the VARO to go to Washington (first for a Board appeal, then to the Court, then back to the AMC where it is now to handle a couple of remanded claims)will not be reviewed until the claims file is back in the VARO's hands, whenever that is.

The AMC still has the file, which initially left the VARO here in Louisiana in July 2004 (no, that's not a typo, 2004 is correct).

We have a CUE waiting at the VARO, actually, a couple. So I'm interested in the answer to your question, as well.

Thanks!

My claim was remanded to AMC by the BVA in June 2005.

[Josephine]

hurryupnwait,

Do you ever call the AMC? What have they told you about your claim? I believe that you have mentioned that it was in the overflow.

Is this correct? If I am calculating correctly, you file will soon be with the AMC for two years.

I just don't believe that they could possibly have a back load of that far back.

It seems like the BVA has remanded a lot of claims, for I notice on the BVA web site that they are working way into 2007.

I only ask, as I am at the AMC also and it appears that I am getting no where also. Overflow also.

Thanks bunches!

Josephine

[vaf]

So, for both of you, are you both saying that the AMC still has physical possession of your respective claims files?

Edited May 7, 2007 by vaf (see edit history)

[Josephine]

Vaf,

Yes, I have been told that the AMC does have physical possession of my claims file. I have no ideal of what the AMC telephone answering people are saying when they told me last week that I did have 3 flags on my file and that they had been removed and that my claims file had been placed on the table for the rating specialist.

I have no ideal if that means that I am any where close to the end or still in for a long, long wait. I just don't see how the BVA could be working in 2007 .

Josephine

[LarryJ]

Could you tell us if the AMC has your claims file, or if it's with the VARO?

The story we get here is that anything we've filed at the VARO level, as of the day after my husband's claims file left the VARO to go to Washington (first for a Board appeal, then to the Court, then back to the AMC where it is now to handle a couple of remanded claims)will not be reviewed until the claims file is back in the VARO's hands, whenever that is.

The AMC still has the file, which initially left the VARO here in Louisiana in July 2004 (no, that's not a typo, 2004 is correct).

We have a CUE waiting at the VARO, actually, a couple. So I'm interested in the answer to your question, as well.

Thanks!

I was told by the VARO Waco, TX, that they had a "temp" C-file ( I had filed a new claim while my original, first claim, was at the AMC in Washington ) and that they were working on my new claim, using my "temp" file and they would simply piece the two back together when the AMC finished with my original C-file and sent it back to Waco. This is apparently true for the VARO Waco was in touch with me concerning my "new" claim whilst the original was still in AMC in DC.