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Cue Or - Motion For Reconsideration ?

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Does anyone Know whats easyer to get? Does the motion for reconsideration only work on a BVA final decision or can that be used on a decision by a regional office? and last but not least can I file this with the Board of Veterans Apppeals in DC if the final decision was made by a regional office and never appealed

Thanks in advance!

Macool

"We should not have to fight the system, We fought to protect"

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stevedenesha Enthusiast

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I would say that a Request for Reconsideration (remember that nowhere in the reconsideration are you to say that you disagree with the decision) would be much faster. I used the reconsideration at the local level because I had new evidence. I received a decision in about 4 months.

Steve

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Berta

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Gee- I forgot to mention Rick- my Cues are being worked on under a Reconsideration Request- at the VARO level-

I was able to file the formal NOD on time -within days of that deadline- and also within the timeframe to get a lawyer- under those new regs-havent sought a lawyer yet-

as my POA status is technically still in limbo.

A CUE made by a VARO is filed with the VARO as a CUE claim- and then if denied- a reconsideration request can be made to the same VARO- and also a formal NOD can be filed before the NOD deadline-

A BVA decision containing CUE can be filed as a Motion with the BVA.

In my old BVA CUE-I had to file this motion-and they denied but years later the CUE was awarded anyhow-

The VARO also attempted to re-open another CUE I had at the BVA-last year-by filing a VARO Motion at the BVA-but I have no status on that one at all-

The BVA asked me what BVA decision they might have filed it on and I was not sure-as the RO failed to tell the BVA the date of the decision they filed the Motion on- you would think-since they took this step- that they would have known.

I am not even interested in that claim.I could easily get another IMO for that one but My AO death claim preceded all the other stuff they had and has considerable evidence to award.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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I think I am going with a motion for reconsideration. Seems to me thats the better way to do it because you are not pointing out the error. just asking them to take another look at everything in the file now. easyer to ask then tell.

My original decision was in 1997 at the winston salem,NC RO, that can still be filed here in NY with our RO correct?

When they do the reconsideration Then the RO would and Should,see the new and Material Evidence, My SMR's that I submitted and then they would have to Apply 38CFR part 3, sec. 3156 -- part ©, and my retro should be payed. Think I have got this, correct me if I am wrong

Macool

"We should not have to fight the system, We fought to protect"

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Berta

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"My original decision was in 1997 at the winston salem,NC RO, that can still be filed here in NY with our RO correct?"

Rick-I think I said this all wrong-

a reconsideration on a CUE involves a CUE denial (or any claim what has just been awarded but the vet disagrees with-so in some cases a reconsideration is appropriate for newly granted claims.)

In your case I guess you would have to file the reconsideration with Buffalo but draw them out on the older denial- You dont need to file this as a Motion- that is only if you were denied by the BVA.

The VBM (NVLSP Manual)in cases like this is great because it explains all this in much detail.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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cowgirl Grand Master

cowgirl

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Berta, basically a reconsideration is for an issue that was denied, is that how it goes? What support or changes need submitted to makesuccessful reconsideration? Diagnosis or IMO? or? My recent rating may have the criteria; just not sure. Yes, I'll research meanwhile too. cg

"My original decision was in 1997 at the winston salem,NC RO, that can still be filed here in NY with our RO correct?"

Rick-I think I said this all wrong-

a reconsideration on a CUE involves a CUE denial (or any claim what has just been awarded but the vet disagrees with-so in some cases a reconsideration is appropriate for newly granted claims.)

In your case I guess you would have to file the reconsideration with Buffalo but draw them out on the older denial- You dont need to file this as a Motion- that is only if you were denied by the BVA.

The VBM (NVLSP Manual)in cases like this is great because it explains all this in much detail.

For my children, my God sent husband and my Hadit family of veterans, I carry on.

God Bless A m e r i c a, Her Veterans and their Families!

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john999 Grand Master

john999

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CUE claims are the hardest to win and the most powerful. Reconsiderations are best when you have new evidence. A reconsideration and a CUE are different animals.

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