Cue And Eed Claim

[Berta]

A friend I helped got 6 years retro 100% some time back-

I prepared an appeal for better EED- he then got 4 more years retro-

at the same time I prepared a CUE claim on his initial denial-denied 27 years ago-

The BVA just made an interesting decision in a remand-

they remanded the CUE to the RO ,stating if the CUE claim is successful, the EED claim is moot- (RIGHT!)I thought the RO was working on it all this time !

ALso they said the CUE should be addressed before the EED claim is--- but the VARO (Buffalo where this crap is SOP) failed to send him a VCAA letter-

which I just found out on the EED claim-(CUES dont get VCAA letters but if they send you one by error by all means respond to it)

this lack of DTA under the VCAA HAS TO STOP!

This is a catasrophically mentally disabled 100% vet-he cannot comprehend what the VCAA is- etc-

how can they expect a disabled vet to know to expect a VCAA letter?

He is repped by the DAV but they obviously let this claim go to BVA without the VCAA letter-

I wish he had let me know that when it happened-he keeps in touch with me but has memory problems-

In any event my long point here is-

I call this a double whammy claim-

You can file for a better EED but- if they awarded for the same disability that they denied in the past-

you can file a CUE-on any older final denial- because if you had it then and were denied and nothing changed until they said it was SC-

this is an obvious clear and unmistakable error that has to be collaterally attacked.

He doesnt understand this decision at all- it is a remand-to deal with the CUE first and then the EED unless the CUE prevails.

It is a beauty!

[Berta]

PS-he was awarded SSA 27 years ago for the same SC disability too-

The VA kicked him out of the Domiciliary about 12 years ago because he wasnt service connected-

but the retro they paid already shows he was SC when the VA kicked him out !

What a system! We are going to loosen up some more money here- they still owe him plenty.