Question On Cue Process

[Done wit this]

Hi everyone,

I have been working on and researching the CUE Claim Process.

Today I called the PVA paralyzed veterans of America, this was the winston salam office in NC where my Orginal claim was denied. I did this because that was the place the CUE was commited on my claim. I thought that might be the place to file the CUE because that VARO would be the RO that gave me that decision.

:( :(

Well I explained to the PVA officer the reason of the deniel and stated that I found the records that the decision was made without- and they should have had when making the decision. He said that without me appealing the original decision within one year that the decision was final and I could not go with an collateral attack - CUE

My understanding of a CUE is 3 things #1 the decision was never appealed

#2 it involves an error to the appl of a fact or law that existed when the cue was made and #3 it would change the outcome of the past claim if sucessfull and its the only way to recover lost retro in the decision that was never applealed.

Now the decision was in 1994 and it was made with the reasons on the denial being No SMR's from time claimed, I found them in 2005 and refiled. tell me if I am wrong or I'm

,I am right, Is the man that I called giving me bad info or am I understanding the CUE thing all Wrong?

Thanks for any help you people can give.

Macool

Edited September 17, 2007 by macool

[Berta]

Rick- since we both deal with the same VARO- I have found that they actually have done some work on my CUE claims that seems to indicate they know what they are doing-

they raised one sole argument and stated the veteran had not filed a claim himself under Section 1151.

(This to me was a diversion tactic- as it doesnt matter whether Rod did that or not)

But I whipped out a copy of the Sec 1151 he did file,which was in rating board the day he died,sent it in, and made point that I copied right from the same one in the c file when they last sent me a full copy of that-

my point is that-CUE claims seem to be handled by someone who can read- at Buffalo-

they have not rebutted any of my evidence at all yet-

which is all copies of established VA case law and regs.

The problem is this- it is a no brainer accrued SMC award-

He was 100% SC plus well over 100% 1151.

But I told them forget the "S" award-

they might well be waiting for my AO decision under Nehmer-

which would directly SC all of his 1151 disabilities and the CUEs would have to be developed- with Nehmer considered.

I still have not received a copy of any Motion filed with the BVA in compliance with 38 USC 14.633.

NYSDVA has to show good cause to the BVA for why they dumped me-I guess they haven't come up with a good cause yet.