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
Question
Guest Jim S.
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.Link to comment
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