Nod And Cue Intertwined

[pacmanx1]

Carlie, I posted that a NOD and a CUE claim could be claimed at the same time based on the fact that I did one. The NOD disagreed with the effective date of the increase I was awarded due to the fact that I had evidence in my file that proved that I had already met the increased requirements and VA did not review my entire file. The Cue was for the mistake of over looking my entire file. The BVA remanded my claim to be reconsidered. Do you think they will still deny my claims for earlier effective dates?

Pete992

Edited August 25, 2009 by pacmanx1

[carlie]

pete992,

Thay are intertwined but are still two seperate issues - with one depending on

the outcome of the other.

You can file a NOD on a rating decision (within your timelimits) that disagree's with

say the effective date granted - and an earlier effective date, at times can be granted

due to a CUE.

A CUE is filed on a final unappealed decision.

jmho,

carlie

[pacmanx1]

OK, so I can win two ways, the VARO has to address the NOD and the CUE, they both will give me the same results and if they both are denied I still have them on appeal. Does that makes sense to you?

Edited August 25, 2009 by pacmanx1

[lu12]

OK, so I can win two ways, the VARO has to address the NOD and the CUE, they both will give me the same results and if they both are denied I still have them on appeal. Does that makes since to you?

It's possible to ask the AMC(RO) to CUE them self, rather than waiting for the BVA decision and if still against the Veteran the decision, rather to ask the BVA to also CUE them self too.

lu12

[jbasser]

The cue has to be filed at the level the cue was made.

A Cue must be an undebateable error that reasonable minds would differ and would change the outcome of the original decision. ( Cost the Vet money).

a claim does not become final until 1 year passes from the last decision date to include all appeals.

Your are better off asking the Ro to cue themselves per the BVA judge.

J

[Berta]

I think by sending both the NOD and the CUE as distinctly separate statements (in case they start a separate folder for the CUE claim as they did in my case)-

as Carlie said these are inexplicably intertwined-but these days it is hard to expect them the consider the NOD and then the CUE if in same letter to them- It is ok to do it that way-dont get me wrong-it is just that -it can be one more way for them to bugger it all up.

[luvHIM]

I had a claim that was on appeal. I was waiting on a hearing with the BVA. In the meantime, I filed another claim for another condition. In the VARO's VCAA notice, the claim that was on appeal was addressed. I provided a statement in support of claim and the evidence. However, when I responded to the claim on appeal, I did so in the form of another NOD/CUE.

In short, I did not respond specifically with a statement in support of claim but with a notice of disagreement in CUE format.

VARO then cue'd themselves on that particular claim.

I don't know the particulars of your case. I believe that my situation is unique, however, I know that you can indirectly ask the VARO to CUE themselves through an NOD because I did it. BUT...my claim was final..the decision had been rendered three years prior to me sending in my so-called "second NOD (statement in support of my first disagreement with decision they made the first time)." Confused...yet!?

At any rate, you can't go wrong taking the advice of those who have already posted.