Elementary Question On Cue

[vaf]

Can I file the CUE to the BVA? Am I obligated to file it at the RO first? Can I file to both at the same time?

Thanks.

[Guest Jim S.]

Vicki:

The problem with sending a CUE claim directly to the BVA for an error in the claim at the VARO, If the CUE is approved, then and only then, if it leads to a direct approval of the claim, highly unlikely, the claim will be remanded back to the VARO for correction deamed necessary to satifactorily the instruction directed in the remand.

Some would say that if you CUED at the VARO, they will just deny it and let you then take it to the BVA anyway. The benefit of this is, that the VARO has to give reason and basis for denying the CUE which gives you additional ammo to fight with, so long as your Cue claim is good in the end.

Either way, it is going to take time and no one can say for sure how much time your claim will takc compaired to someone elses claim. It's more a matter of prefference and personal experience.

I look at it this way, the more people who slug it out with the VARO and make them do the correct thing, eventually they will start to do things differently or they will end up with more than the usual number of backlogged cases, that those higher up will begin to ask questions, that those at the VARO do no like asked.

We need to make them accountable or nothing will get changed. Keep your cool and hit them where it hurts, the Evidence, the Laws, Regulations, and M21-1 to back it up, and never give up.

Jim S. :P

[Guest Berta]

What the VBM says is that the CUE must be filed against the entity that caused the CUE-

VARO decision- final and unappealed- CUE should be sent to that VARO-stating the date of the specific decision they erred in.

BVA- CUE in decision- send it to the BVA-with the citation number and docket number and date of that BVA decision there is an alledged CUE in.

The BVA's jurisdiction on CUEs is only over the decisions they make.

BVA's denied CUES can be appealed to CAVC.

VARO denials of CUE can be appealed at the BVA and then the CAVC.

Edited February 25, 2006 by Berta

[vaf]

I understand, that's more clear to me. Thank you.