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The Varo Really Can't Read Of Won't

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Guest Jim S.

Question

How much Planner must the first page of your c;laim be?

STATEMENT IN SUPPORT OF CLAIM

FOR CLEAR AND UNMISTAKABLE ERROR

IN ORIGINAL CLAIM

DATED

NOVEMBER, 1974

AND REOPENDED CLAIM

DATED

JANUARY, 1979

I waisted a year and a half in the belief that the VARO was working my CUE claim and found out last month that they were doing nothing, having thought this was additional statements in support of my claim to reopen with new and material evidence.

Even that was a mistake by the VARO, it was a request for a De Novo Review of a prior decision. Seeing that they had it wrong, I withdrew the claim for a De Novo Review and submitted the CUE claim. I was tired of their mishandling of my claim from day one and wanted them to finally give reason and basis for their flawed decisions in the original claim and the claim that followed.

I'm not defending the correctness of my CUE claim, but to show how most Veterans believe that the VARO or even the BVA do not seem to even take the time to read the claim before them or for that matter, the evidence presented in support of same. That they read into anything what they want as long as it is against an award in favor of the Veterans claim.

In each of the calls to the VARO and my SO, they still refer to my claim as one to reopen. So I have my doubts that even after talking with a manager at the VARO and my SO, that they may still have things incorrect and cause even more delay in my claim.

I am at a loss, if they remain to look at this as a claim to reopen, can I appeal then to the BVA for this mistake and the mishandling of my claim for CUE.

What would be my next step, should the VARO show they will not look at my claim for CUE, insisting to look at it as a claim to reopen?

They say that they have developed my claim and will be opening the file around the 17th of November. What developtment would be necessary, since all the information and evidence is already a part of the file?

My SO suggested they get my file from Social Security, but why would they need thant, that would be new evidence, and could only be used if they approved my CUE claim and needed it for a current evaluation of disability.

This waiting and wondering is making me nutter. my anxiety levels are trying to jump off the charts. Sleeping through the night, hard to do, when things were normal, now forget it, I would probably overdose if I took enough sleep meds to knock me out long enough to sleep the night.

Well it's time for my afternoon meds and back into oblivion for a short while. LoL

Jim S. ;)

Edited by Jim S.
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Terry: Your attorney may be correct, but from what I have read, since none of my claims made it to the BVA and where the CUE claim is about unappealed claims, then the office of original jourisdiction has the first bite at the Apple. If the VARO gets this wrong, then I will take it to the BVA and not mess around with them any more.

So far, the time table that the claim is proceeding on, is about par on what I've been told when calling in each week or so, checking on its progress. I just worry that they a gerking my chain and will again refuse to address the claim as a CUE claim, but to adjudicate it as another claim to reopen with new and material evidence.

Although my understanding is, that CUE claims at the VARO level are supposed to be sent to the Central Office in Washington, for examination and adjudication. Then I could be wrong about that too.

Jim S ;)

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I'm hearing something completely different from my contact in the seattle RO.....he instructed me to send the CUE to him and we would take it directly the the "coach of reviews". He said the CUE is a seperate issue from an appeal and can be appealed to the BVA along with any claims you have in at the time. Again, I haven't heard anything back yet from either my DRO or the CUE(s), but I'll keep everyone posted.

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CUE CLAIMS_ Are sent to the BVA if they have been subsumed.

That is if the BVA upheld The R.O. decision.

I'm not trying to be standoffish, but where is the proof of that? I haven't seen anything posted to hadit yet that implies that a CUE can only be filed when a claim has already been denied by the BVA. The only thing in the reg about it is that the claim must be final, which, by VA definition, simply means an RO decision has taken affect. I'm not saying you, or anyone else, is wrong on this matter, but it does seem that some are jumping to conclusions based on some really so-so evidence.

P.S. - I believe carlie posted the regs for a "finally adjudicated claim" and a "final decision"....to my knowledge CUE does not call for a "finally adjudicated claim", it emrely calls for a final decision (IE - you can't file CUE on an RO proposal).

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Jay-- I was referring to claims that have been upheld by the BVA. The R.O cannot call a CUE on the BVA.

A CUE can be given at the R.O. level I have won 2 at the local level.

Great to hear...I have heard very conflicting information on this topic and I believe the VA is being vague on the CUE topic on purpose. Guess that's what hadits all about, getting the truth out:-) Thanks for posting.

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