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Cue Claim Update

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Guest Jim S.

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Called VARO earlier today and was told that the claim is still in the developmental stage and they will be opening the file in ten days.

I'm not exactly sure what this means. Does this mean that they have developted the claim, ie. gathered all the necessary information and evidence to be used, to begin evaluating the claim for a decision?

I'm still not overly confident, that this VARO or for that matter my SO know what a CUE claim is. Each time I call, they refer to the claim as to a reopened claim. I thought a CUE claim was basicaly a review of a claim that is final, for errors, that had they not made the errors, the claim would have been manifestly different, in this case approved for SC and SC for associated and/or secondary disabilities presented as well.

At least the VARO saying they will be opening the file is a step in the right direction. :rolleyes:

Jim S. :lol:

Edited by Jim S.
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  • HadIt.com Elder

It means that they are going to start working on it. Good Luck on your claim. You are coming around the corner and heading for the home stretch.

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How long has it been since you filed your CUE? I'm filing mine next week and wondering how long I'll have to wait. Do you also have to complete a form 9?

Angla: I filed an original claim in 1974 and did not appeal it, then I reopened with new and material evidence in 1979 . Although it was reopened, it again was denied, again I did not appeal and let it become final, mind you I did not know anything about how the process worked and my SO at the time was of no help what so ever. I attempted to reopem my claim again this past year 2004 for a De Novo review of the past determinations, based on a failure to properly adjudication on the merits of the claim. They took it to be a reopen claim with new and material evidence and denied reopening it. This was done even after I had withdrawn the claim and had submited in its place, a CUE claim, for which they took as additional statements in support of the reopening of my claim.

By the time I realized what they had done, they had already decide to deny the claim to reopen and that is when I had to streaten everything out and get the CUE claim acted upon as it should have been in the first place. That was in September and the last time I checked this week, they had finished or were finishing up with the developtment stage and that in ten days, which would be about the 17th of Nov. 2005 they would be opening the file for the adjudication faze. I'm guessing it's the adjudication faze, now they have to take what I say is CUE and compare it with the records to see if they agree or disagree. That could take another five or six months, I'm told. It could be much longer.

At least now I may get to learn their rational for denying my claim to begin with, that is, if they agree with my rational and finally approve the claim. Of course I am not about to hold my breath or drop it this time. As long as I have the ability to fight, I will continue to appeal my claim. The next step is up to the VARO.

Good luck with your claim, and never give up the fight, however disappointing it may seem at times.

Jim S. ;)

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CLUE CLAIM UPDATE AS OF NOVEMBER 17, 2005

I'm still getting mixed signals from the 1-800 # when asking for a statis report on my claim. They still refer to it, as either a claim to reopen or a claim for increase. Then when I tell them it is neither of those and that it is a claim for CUE, they get defensive or revert to saying it is still being developted.

As I see it, their shouldn't be any further developtment needed, since the claim is based on the evidence that is already part of the record. The only developtment I see, is to check that I sighted the proper Rules, REG's, and LAW that cover the errors they made.

This was the most comfusing update of all, the Phone person made the odd statement that I should be hearing someing soon on my request for an increase. Unless they are refering to my Fractured Nasal Bone, rated currently at 0%, but that seems unlikely, but of course we are talking about the VARO here.

I think I am due for a face to face talk with someone, to make sure that they aren't messing things up, once again.

Jim S. ;)

Edited by Jim S.
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ADDENDOM: CLUE CLAIM UPDATE AS OF NOVEMBER 17, 2005

I checked my mail late this evening and surprise, surprise, wouldn't you know it, a letter from the VARO appologizing for taking so long with my claim, but that they are still processing my application, don't call us, we will call you upon conpletion of processing.

Well I guess it is back to checking in every week or so, to see how things do progress.

Jim S. ;)

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Update: November 30, 2005

Still getting the mixed signals, but my SO office says before it leaves the developtmental stage, I should get a letter asking for the usuall, anything else I might submit to help my claim, even though it's a CUE claim and everything is already in the claims file.

I was additionaly told to answer this letter, even if I do not have anything additionally to offer in support and if I had any questions, to contact my SO and they will help me reply to this lwtter.

Hey Guys and Gals, I found a not so perfect way to help the time pass, just catch a case of FLU and watch the days pass in a fog of coughing spells and trying to make up for the sleep you loose because of it. Your probably good for a couple of weeks without having to worry about your claim. Of course now you have to worry about pneumonia. Hey! I said it wasn't perfect. LoL B)

As long as you don't loose your humor, life goes on.

Jim S. :blink:

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