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Are You Ready For Some Confusion, At Least The

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Guest Jim S.

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Once an original claim, then a claim to reopen with new and material evidence, then a claim for reconsideration, mistaken for a reopened claim with new and material evidence, withdrawal of the mistaken claim to reopen with new and material evidence, then a submition of a CUE claim in its place, then having the CUE claim mistook for additional statement in support of a claim to reopen with new and material evidence. Then haveing the VARO rule on the mistaken claim to reopen with new and material evidence as nothing new and material to reopen claim to reopen with new and material evidence.

Asked what happened to CUE claim and was informed of it being mistaken for additional statement in support of reopening claim. Re-submitted CUE claim with the VARO, who sent claim to DAV SO who has POA for his input and recommendation. Was returned noting that the VARO had not requested SSDI claims file, recommeding that an IMO be given concerning the original claim. C-File returned to VARO for defenitive answer as to what type of claim I wanted to proceed with, a CUE claim or a claim for Reconsideration of the complete medical record.

Submited claim as a claim for reconsideration of the completer record.

Finding this all so confusing, I thought I would never be able to find a claim presented and remanded from the COVA, I would not stand a chance of getting my claim heard, unless I would have to eventually have to submit a claim for CUE.

I found this COVA decision that pretty well sums up, what it is that I am up against, but the Judge and/or Judges were able to sift through the confusion and remand the claim for readjudication of the whole claim and not just a single part or particular claim thus far submitted for adjudication.

http://webisys.vetapp.gov/isysquery/irl8981/1/doc

Jim S. ;)

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P.S. Now I am waiting for one of the following, letter, Sorry for the delay, don't call us, we'll call you, VACAA or C&P exam ntification. Which do you think will get here first. LoL ;)

Jim S. B)

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P.S. Now I am waiting for one of the following, letter, Sorry for the delay, don't call us, we'll call you, VACAA or C&P exam ntification. Which do you think will get here first. LoL :lol:

Jim S. B)

HMM,

"Which do you think will get here first"

Your file just got placed on the bottom.

Even when the court says to expedite, they don't.

But, I'm usually wrong.

sledge

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HMM,

"Which do you think will get here first" Your file just got placed on the bottom.

Even when the court says to expedite, they don't.

But, I'm usually wrong.

sledge

Even if we both agree that the claim went to the bottom of the pile, they got to do something to make one think that they are doing something, even if they aren't. scheduling a C&P with a busy examiner is also a good way to not have to worry about the claim for some time. It took six months to schedule my first eye exam in conjunction with my Sarcoidosis. The letters don't seem to come at any particular time during the process of the claim, so do we have any other takers? LoL :lol:

Jim S. B)

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Guest VetWife Advocate
Once an original claim, then a claim to reopen with new and material evidence, then a claim for reconsideration, mistaken for a reopened claim with new and material evidence, withdrawal of the mistaken claim to reopen with new and material evidence, then a submition of a CUE claim in its place, then having the CUE claim mistook for additional statement in support of a claim to reopen with new and material evidence. Then haveing the VARO rule on the mistaken claim to reopen with new and material evidence as nothing new and material to reopen claim to reopen with new and material evidence.

Asked what happened to CUE claim and was informed of it being mistaken for additional statement in support of reopening claim. Re-submitted CUE claim with the VARO, who sent claim to DAV SO who has POA for his input and recommendation. Was returned noting that the VARO had not requested SSDI claims file, recommeding that an IMO be given concerning the original claim. C-File returned to VARO for defenitive answer as to what type of claim I wanted to proceed with, a CUE claim or a claim for Reconsideration of the complete medical record.

Submited claim as a claim for reconsideration of the completer record.

Finding this all so confusing, I thought I would never be able to find a claim presented and remanded from the COVA, I would not stand a chance of getting my claim heard, unless I would have to eventually have to submit a claim for CUE.

I found this COVA decision that pretty well sums up, what it is that I am up against, but the Judge and/or Judges were able to sift through the confusion and remand the claim for readjudication of the whole claim and not just a single part or particular claim thus far submitted for adjudication.

http://webisys.vetapp.gov/isysquery/irl8981/1/doc

Jim S. :lol:

JIM,

Good Find!!

This Judge handed them a new one!! Sad it has to go this far. Sounds light Joe's claim for his denied S/c for his knees, etc.

Thanks,

Brenda

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I couldn't pull this up. Does anyone have another URL to it ?

Thanks,

carlie

This particular URL has some querks in it, you should try to access it at different times of the day or night.

I've tried to access this using the, "Search," "Court Decisions and Opinions" But I get a hit and mis when doing so. It's like the system is off line and being updated at periodical times.

WWW.vetapp.gov/

So my best suggestion is to keep trying, that's the only thing I have been able to do. Sorry, I wished I had a better suggestion.

Jim S. :lol:

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