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Go With Cue Or Review?


Guest Jim S.

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I'm needing some help in deciding what to do next. Apparently my claim has been at the DVA, apparently

sent their by my local VARO for their input on my claim. They inturn have kicked it back, asking for either clarifcation of the CUE claim or whether I would prefer a review of my records for a reconsideration of their previous findings.

My DAV SO is only here temporarily and today is his last day, A new SO will be taking over at the end of the Month, so the Temp SO has requested my records so that when the new SO gets here we can pour over everything and dicide which path would be most probative to me at this time.

I have a good CUE claim for violating VA Law for assuming a diagnosis had been changed, when in fact, nothing in the records support this action. Also having done this, they failed to evaluate several associated disabilities as secondary to the original diagnosis.

But, If they can come to the same conclusions in a Review and re-evalute my claim on the original diagnosis and secondary disabilities, then I would be just as pleased as long as it results in my claim for SC is finally approved.

So I have about 18 days for the new SO gets in and no telling how long to get settle in, to get up to speed with his new post. either way, more time to wait.

I could use a bit of input on how to proceed, so I can be prepared and informed to make a decision on which path to follow.

Jim Scott B)

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Mr. Terry Higgins: Why so formal? Besides, I am the yougest of my family, theirfore I would be address as Master Jimmy Scott. Sir would fall to my oldest brother, since my Father has passed on. Just kidding, B)

I do believe you are incurrect that if my CUE claim is denied at the VARO level, that is the end of my CUE claim. I can then appeal to the BVA and if they deny it, then their is the COVA.

Reconcideration is a review of the whole record to see if it has error or if SC can or not be awarded. with one exception, you can offer up new evidence to support your claim, whereas in a CUE, it is based on the rule of Law and evidence at the time the CUE occured.

The only thing I find against reconcideration, is that I may have to submit a new claim for an EED, which would more than likely be based on CUE also. But if I am awarded SC, then it may give me some added breathing room with the added compensation to my SSDI award.

It would be nice to have some money at the end of the month, so I can once agian work on my motor cycle rebuilding hobby.

Jim S. B)

p.s. and no I am not counting my pennys before I get them, only doing without one thing to do another gets real old real fact.

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