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Can A Hearing Be Requested While Processing A Claim


Guest Jim S.

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I was reading that a Veteran can request a personal hearing while the Claim is still being processed. Can a personal hearing be requested in a CUE claim as well? It seems that if I can get the hearing officer to answer the question, "where is it stated that the in-service diagnosis was in error, prior to the VARO Rating officer assuming an alternative diagnosis was the correct one, which denied service connection?" It would sure save a lot of time and effert on both sides of the issue and the CUE claim could be withdrawn so that in light of this information, the claim for compensation can be finally and properly be adjudicated for Service Connection. Or can it be that simple?

Jim S. B)

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Jim- you can certainly request a hearing if you want but the HO is going to go over the same points that I keep suggesting in my posts here to you-

what is date of final VA decision? (bring the final decision you have CUED to the hearing)

what is the specific legal error from the US Code or Congressional Federal Record in 38 (prevailing laws at the time of alledged CUE)that the VA broke in that decision and how did they did it-

(specifically restate -as it had to be in your CUE claim anyhow- the actual regs they broke and how they did that)

how did that error -if it occurred- manifestly changes the outcome- ie: what specific amount of compensation or other advantage to you did the error- if committed- prevent you from getting?

(For example -for one of my CUES- I alreadyhave figured the SMC retro they owe me under SMC s for one year, SMC r-2 for two years and some other stuff in 1114 on vision loss I forget but will be prepared to rattle it all off to them when I need to-)

the many examples of CUE here at hadit, at my blog, at the BVA and the CAVC show you exactly what you need.

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  • HadIt.com Elder

Jiom

It would sppear to me that the basis of your CUE is that the RO made a 'medical' decision, without the authority, or expertise, to do so.

If they failed to comply with the requirement of obtaining, and stating, a medical decision that the rating was incorrect, then that is the legal basis for a CUE.

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  • HadIt.com Elder

A personal hearing can be requested at any time. It is one right a Veteran has available to them. I requested a personal hearing when my claim sat at BVA for 2 years and it was treated like it was a remand.

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When the DRO denied my recent DMII claim I asked for a hearing. I did not believe that I could actually get a hearing with a DRO but I did and I was successful. The evidence was exactly the same for the first denial and the hearing but I won the hearing. I am not sure why except maybe they just wanted to get rid of me.

When the VARO realizes you are going to stay in their face it is easier to just grant a claim and be done with you.

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