Questions On Filing C&ue Claim With An Eed. Circa 1969

[RSG]

I was wondering how I might determine if my claim was worth filing, for a CUE claim with an EED.

My BVA decision seems to indicate to me that a cue claim would be a reality in my case....

Maybe I'm reading it wrong, but I think the judge seems to think it may be vaild.....How to I go

about verifiyng wether or not this would be, by studying the deci sions he cited on my claim., or is

there something else I should look for....I was just denied My IU also....Got questions there too.

Tnx

[RSG]

Why would this be a reconsideration? What is subsumed?

RSG

Berta, I suspect you are right that the CUEs are in the RO denials, but nonetheless those earlier decisions have possibly been subsumed by the BVA decision so the errors in the BVA decision possibly must be attacked in a request for reconsideration.

[Berta]

I did not see in any way that the BVA subsumed the CUE in their decision-

I consider 'subsume' in VA lingo to mean that if the CUE was incorporated in the BVA decision-then it was subsumed.

In RSG's case I feel the CUE was committed by the VARO.The VARO who committed the CUE gets the CUE claim.

A Reconsideration Request is only available when a claim is pending at the RO level-

or a Motion for Reconsideration is filed on a BVA decision within the proper appellate time frame for that and the claim is still pending.

[Berta]

Yes Delta that was a typo-

we used VAOGC Pres Op 3-2003 in the actual final draft of the CUE claim and attached it I believe.

[RSG]

I seem to remember reading somewhere that there is some kind of form that forces the VA to process this faster if there are health issues that may make you pass soon...Is that true, I also read that there are way's to sue the DAV

if they have lost ,funds for you, if they screwed up..... They Kept agreeing with the VA all these years.....

Is that true or am I just dreaming...... OK, now I understand thanks Berta....

RSG

I did not see in any way that the BVA subsumed the CUE in their decision-

I consider 'subsume' in VA lingo to mean that if the CUE was incorporated in the BVA decision-then it was subsumed.

In RSG's case I feel the CUE was committed by the VARO.The VARO who committed the CUE gets the CUE claim.

A Reconsideration Request is only available when a claim is pending at the RO level-

or a Motion for Reconsideration is filed on a BVA decision within the proper appellate time frame for that and the claim is still pending.

[Berta]

The VA can "expedite" a claim with good cause Ron and of course the BVA will tell them to expedite remands.

I think they only expedite in the true sense if for example WWII vet on life support.

It is rare but can be done-

Also if a vet rep errs to the extent that they have cost you compensation they can be sued in state court.

There was a PTSD vet who sued his rep and won some years ago-I posted the story here at hadit-

The rep apparently failed to file his TDIU form and this cost the vet thousands of dollars due to the wrong EED.

I sued my rep for negligence in a federal court-

I should have been in a state court.

My premise (which I agrued with Judge on- which one should never argue with a Judge) was that since the DAV is chartered by COngress I had a case that was a federal question issue.

We went round and round and I deposed the Vet rep myself. His lawyer was stunned that I had succeeded in my claims and a FTCA case-

I won my claims during process of this suit- I had no damages anymore.

The case was closed against the rep.

This rep hopefully never treated a widow like crap anymore.

His lawyer (for the DAV) suggested I get into law school because I presented my legal issues well.He seemed stunned I had sued VA myself and won.

But the FTCA case was easier than succeeding in a VA claim.

[Pete53]

I don't think anyone or anybody can force the VA to do anything short of a court order.