C&p Notification

[rattattat]

Just got a notice from RO that a C&P is to be scheduled. We don't know if we should be happy or not.

The new evidence was sent in only 4 weeks ago. This is pretty quick for VA response.

We filed a CUE in June 2007 on an orginal claim that was denied in 2000. About a month after we filed we received a VCAA asking for more evidence. I thought that did not sound right , but I sent them an IMO and new buddy letters as new evidence.

It has appears to me that they are treating this as a claim to reopen on new evidence not on the CUE we filed. We are inexpierenced in the claims process and really don't know what is going on.

We had a very good IMO giving nexus. The Doc even stated several studies that back up the nexus, but I still wonder about the CUE.

Anyone of you elders have some thoughts ? It would be appreciated to get some incite as to what is going on, and what to do next.

Thanks,

Sandy

[Ricky]

Can you post what you believe to be cue? Thanks

[71M10]

If I am correct, CUE claims can only be pursued or argued on the Evidence that was of record or in VA's possesion at the time of the decision.

Providing that the letter they sent you wasn't just generically generated, additional evidence for CUE would most likely be a statement from yourself or other professional that demonstrates the decision maker/s erred in interpetation or application of the regulations or evidence.

Best regards,

Tyler

[Berta]

The VA isnt supposed to send VCAA letters on CUE claims-

(although they promised 2 VCAA letters on my CUEs that never came)

"We filed a CUE in June 2007 on an orginal claim that was denied in 2000. About a month after we filed we received a VCAA asking for more evidence. I thought that did not sound right , but I sent them an IMO and new buddy letters as new evidence."

A CUE has nothing to do with an IMO, buddy statements or a C & P-

are they attempting to re-open it instead?

Tyler is right as he posted here-

CUE is a legal error- I sent them the regs and applicable laws that they broke to support my CUEs.

[rattattat]

Thanks all of you for your replies, and many kudos for you Berta on your graduation

I know that cue is to be decided only on the records and rules extant at the time that is why we are so confused about them asking for more evidence.

After we got the request for evidence we asked the VSO and he said "the claim was filed as a cue, but if the RO wanted us to send in more evidence then we should comply."

The basis for the cue was a negative determination on combat status, and other substantive rules not followed.

The injury was combat related, combat decorations for valor were documented in the record in 2000. The type of injury was not mentioned in the SMR but the plane crash was, and the treatment.

3 other pieces of supporting medical evidence, the SMR documenting the crash were all were in the 2000 record but were not mentioned or explained in anyway in the denial.

There was one piece of medical evidence that was an obvious transcription error. It had the dates when symptoms began backwards. At the top of the page it gave the date as 1965, but one paragraph later it said 1995.This one statement is what was used to deny the claim. They repeated this 1995 date over and over in the denial.

Reasonal doubt was also not used because "not in equipose". If combat status, the 3 pieces of medical evidence, the SMR, and benefit of doubt rule had been used there was no reason to deny the claim.

This was a combat injury, records proved combat, the crash was in the SMR, other medical records showed continuity of symptoms and current injury relating to service.

We also sent them the regs and laws , and highlighted copies of all the records that they did not use that were of record in 2000.

It looks like they reopened on new evidence. No retro.

There was never a C&P scheduled back in 2000 just a flat out no you're denied.

What if we are granted service connection on the new evidence, but the cue is just ignored? How do you handle that situation?

Sorry to be so dumb about this, but at least we are a little more enlightened from reading Hadit and getting good advice.

Thanks,

Sandy