Cue At Bva Level

[Dorothy Kansas]

I am thinking about filing a CUE claim on my original decision. My understanding is that if claim was denied at the Regional office and held at the BVA you have to file CUE on the BVA decision. Has anyone encountered this before? Do I file CUE with the CAVC requiring me to get an attorney.

[Guest Jim S.]

Have you appealed the VARO descision and is that why it is at the BVA?

If it is at the BVA, you have two choices, let the BVA rule on your appeal or withdraw your appeal and submit your CUE on the VARO ruling.

I would suggest that you let the BVA rule on it. they may remand it back to the VARO for further developtment or award you and send it back to the VARO to figure out how much your award should be.

CUE: Is a last ditch effort in my opinion. Once you use CUE, you cannot again use this avenue to attack the same issues.

Only after you get a denial at the BVA do lawyers get a bite at your apple and only if you want a lawyer. Also, I think only those approved by the Court can represent someone their.

It took me nearly a year in reserch and many drafts of my CUE claim before I submitted it and even then the VARO managed to mess things up and I lost another year and a half getting it straightened out, at least I think I have. It's went to my DAV SO and now it should be back with the VARO by now.

Good luck, either way you go or how you procede.

Jim S.

[Dorothy Kansas]

My original claim was also denied at the BVA. I understand it to mean if the BVA affirmed the regional decision then I have to file with the higher court. I believe I can win this but I want it to be right.

[Alex]

Dorothy =--

In your case, you can file a CUE against the BVA, a motion9 for reconsideratio (waste of time), or go to the court. If the BVA decision is less thn a year od, you can hire a lawyer to advise you and represent you before the proper forum.

Alex