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Are You Ready For Some Confusion, At Least The
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Guest Jim S.
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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