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

[Josephine]

hurryupnwait,

Yes, I have a large file as you do. Mine is in two fies, so I have been told. My claims have been are re-opened back to my first filing date of 1978, due to " New and Material Evidence".

I filed in 1978 and the VA did not acquire any of my psychiatric records. I was told by the archives, that they were never ask for by the R.O.

I told the R.O that they were there and assumed that they had them when they sent me a letter in 1978. I received a letter from one of the counselors that filled out my claim that I was not service connected.

I believed this, as in order to receive an early discharge, I was told by the personnel office that I would be giving up my G. I benefits and I believed this. Not true.

I filed again in 2002 and was denied ,but was given a pension of 100% non-service connection for anxiety with depression and stating you have been un-employable since 1983

When I received this answer, I hand wrote a letter to the St. Louis Archives and they sent me all of my psychiatric records, to where they had been for 42 years.

I filed a NOD when I presented the psychiatric records to the R.O and was sent a denial letter again for anxiety with depression, this was October 7, 2004, but my claim was re-opened due to the same "New and Material Evidence for " acquired psychiatric disorder".

October 19, 2004 - first C&P of Generalized Anxiety disorder with a " More Likely than not"

April 12, 2005 - second C&P by a Board of two Psychiatrist - Axis 1 - Anxiety not otherwise specified - Axis II - Borderline Personality Disorder- Gaf - 40.

December 15,2005.

Supplemental Statement of Case

Denied for " Acquired Psychiatric Disorder.

We place out weight with the psychiatrist as they was a psychiatrist. They state it appears that your primarily symptoms are those of a personality disorder.

December 2005 BVA

April remanded to AMC

Told was finally at the Rating Board waiting for someone to grab my file off the shelf, but if I knew anyone in power ask them to asist me to have it worked sooner.

Josephine

[Pete53]

A temporary file would be incomplete and if they added anything would it get back to the original "C" File. Using a temp file would be unacceptable to me.

I don't have a good opinion about the AMC either. It usually is more of a holding pen for claims. Precious few awards and a lot of remands.

[Josephine]

Pete,

You are absolutely correct. The BVA is really putting out the remands. I don't see the need for the remands. In my case, I really don't see where my remand benefits me at all.

I will give the BVA credit for wanting my personnel records. I would like for someone to see my 3.8 when I went into that duty station and request for transfer to another duty station, before I finally ask for the " early discharge".

Whether mine will be a grant. I doubt it.

I feel that if you are not granted by the BVA the first time around, you might as well save your efforts.

I am pleased that Larry J was granted his benefits by the AMC.

I refuse to drop this claim.

I have nothing else to do, but go along for the ride.

I would like to see a site on the BVA of the results of some of these remands. If one exist, please send me a link to it.

Thanks,

Josephine

Edited May 8, 2007 by Josephine

[hurryupnwait]

hurryupnwait,

Yes, I have a large file as you do. Mine is in two fies, so I have been told. My claims have been are re-opened back to my first filing date of 1978, due to " New and Material Evidence".

I filed in 1978 and the VA did not acquire any of my psychiatric records. I was told by the archives, that they were never ask for by the R.O. Was this claim within one year of discharge? Did you appeal?

I told the R.O that they were there and assumed that they had them when they sent me a letter in 1978. I received a letter from one of the counselors that filled out my claim that I was not service connected.

I believed this, as in order to receive an early discharge, I was told by the personnel office that I would be giving up my G. I benefits and I believed this. Not true.

I filed again in 2002 and was denied ,but was given a pension of 100% non-service connection for anxiety with depression and stating you have been un-employable since 1983

When I received this answer, I hand wrote a letter to the St. Louis Archives and they sent me all of my psychiatric records, to where they had been for 42 years.

I filed a NOD when I presented the psychiatric records to the R.O and was sent a denial letter again for anxiety with depression, this was October 7, 2004, but my claim was re-opened due to the same "New and Material Evidence for " acquired psychiatric disorder".

October 19, 2004 - first C&P of Generalized Anxiety disorder with a " More Likely than not"

April 12, 2005 - second C&P by a Board of two Psychiatrist - Axis 1 - Anxiety not otherwise specified - Axis II - Borderline Personality Disorder- Gaf - 40.

December 15,2005.

Supplemental Statement of Case

Denied for " Acquired Psychiatric Disorder.

We place out weight with the psychiatrist as they was a psychiatrist. They state it appears that your primarily symptoms are those of a personality disorder.

December 2005 BVA

April remanded to AMC

Told was finally at the Rating Board waiting for someone to grab my file off the shelf, but if I knew anyone in power ask them to asist me to have it worked sooner.

Josephine

[Josephine]

hurryupnwait,

No, I was discharged in 1964 and was fearful to seek any help from the VA until 1978, when I couldn't afford to keep paying my co-pay to my psychiatrist.

I did absolutely nothing until 2002.

Please do read the post by Berta - Vets Attorneys - The list of lawyers of CAVA. I am not sure which state you live in, but I did find out the answer for all of us in limbo at the AMC.

Josephine

Edited May 8, 2007 by Josephine