Cue - New C & P Exam Scheduled

[Angela]

I've filed a CUE claim and just received notice that a new C & P exam is required. Can anyone tell me why I would need a new exam when any new evidence isn't supposed to be used in a CUE?

[Guest jstacy]

Lets look at Cue from a different standpoint. An employee of the VA who makes a CUE and it is a Definate CUE most likely gets reviewed on an annual basis. The Job performance evauluation probally states something like this: No more than 1 or 2 claims errors per rating period.

So the Employee is going to use every avenue available to get a Cue rejected because it makes them look bad to their superiors.

I believe CUE claims are examined with increased detail. I also believe the personal aspect when a worker makes a mistake and takes it personal. Rather than trying to admit the mistake, They spend allot of time doing the old CYA routine and look for ways to deny cues.

[Guest Berta]

They are considering my CUE on lack of heart rating claim as:

"we will handle this issue as an attempt to reopen this claim as a CUE for service connected death."

I just got this in a VARO letter yesterday and it seems to reflect the prior post-re Roberson-

to handle as a re-open-

yet my direct SC death claim is a cmpletely separate and well supported issue-

I dont see how they have been doing so much movement on my SMC CUE for about 9 days- yet are not considering this CUE heart claim as contingent to that?

They could award SMC without this decision on the other claim though.

Or it is a big stall tactic.

[Guest Namvet6567]

jstacy - sorry but I disagree to your statement: "Lets look at Cue from a different standpoint. An employee of the VA who makes a CUE and it is a Definate CUE most likely gets reviewed on an annual basis. The Job performance evauluation probally states something like this: No more than 1 or 2 claims errors per rating period."

A far as I know, VA employees are evaluated "on quantity of work, not quality," and I believe it is next to impossible to fire a VA employee. I personally believe their instructions are developed by attorneys whose sole purpose it is to deny claims, using vague but "legal" instructions. JMHO

[Guest jstacy]

The performance exaluation may say something like this: Adjudicate a certain quantity of claims with no more than 2 or 3 errors per rating period.

It is not impossible to fire a VA employee. It happens every day. At the VA where my wife works They have terminated 3 or 4 last year and that is just one department.

I am sorry you disagree Namvet.

[Angela]

Just got off the phone with VA customer service rep and just as I thought, they've identified my claim as a "Claim for Increase". CustSvc says there's nothing I can do to correct it except note on their form (the one asking if I'm going to submit new evidence or not) that I don't have any new evidence and that it should be a CUE claim instead of a Claim for Increase.

Your thoughts...

[Guest Berta]

I would call back Monday for a second opinion Angela- and I think some of those vet reps just make stuff up-

another thing- the VA PC screen often does not identify a CUE as different for any other claim.

They call my CUE an accrued benefit claim-but it is in fact a CUE claim ,which they recently acknowledged.