Cue For Final Decision

[seal]

for years I have ,tried to get my original medical disability, the va failed to respond,I filed one year after discharge, the va always stated records were in filre,In 1978,I apply again this time the respond wase no records found, I keep trying again I send In claim for 1978,the va does open the claim, I have the claim dated stamped ,as well as original 21-526 dated ,stamped 1978. This will be the last time I would hear from again until a c&P IN 11-14-1993, on test .Is stated no new evidence,needed decision already made. on 1 4 1994, I am denied my claim,I do not send a letter of disagreement,on 2-11-1994,I get letter stating I am denied for medicial conditions. on 5-9-1994, I receive the veterans affairs has made a decision ,you are p&t total disabiled for non service connected conditions. I sent the final decision to bva, bva replied ,as bva did not make the decision, the motion for cue has been sent to varo ,for respond my question how can varo respond , to a decision, that there is no decision ,can be made for non serviced connected P&t total ,pllus claim of 1978,was a opened non adjudicated pending claim,there was all medicial evidence to support this claim under cue the final decision of 5-9-1994,adjudicated the pending no adjucated claim under cue laws and reg of cue 1,2,3, for not sympatheteilly develop ,the claim that had all evidence to prove claim, cue Is very rear, but I did iT never give up SEAL

[Berta]

Are you saying you won the CUE and got the retro?

[poolguy11550]

Is your question is why the BVA sends (remands) claims back to the R/O of original jurisdiction to re-adjudicate the claim? If this is your question, the BVA found that the R/O in-correctly adjudicated the original decision and then sent the claim back to the R/O to further develope the claim and re-adjudicate the said claim. Mostly, this happens when the BVA needs some specific evidence developed. The BVA can decide a claim if all the evidence is on file and current. The BVA does not develope a claim, but they will remand claims back to the R/O to correct the developmental error and ask the R/O to re-adjudicate the new developments/findings. Should the R/O stick to the original descion, then the BVA will re-examn all evidence and if complete render a decision.

[john999]

When the BVA remands a decision back to the VARO add another year to your claim at least. Often the VA will again make a bad decision which finds itself back at the BVA and may get remanded again. This is called the VARO/BVA/VARO cycle of birth and rebirth sort of like reincarnation.

[LarryJ]

for years I have ,tried to get my original medical disability, the va failed to respond,I filed one year after discharge, the va always stated records were in filre,In 1978,I apply again this time the respond wase no records found, I keep trying again I send In claim for 1978,the va does open the claim, I have the claim dated stamped ,as well as original 21-526 dated ,stamped 1978. This will be the last time I would hear from again until a c&P IN 11-14-1993, on test .Is stated no new evidence,needed decision already made. on 1 4 1994, I am denied my claim,I do not send a letter of disagreement,on 2-11-1994,I get letter stating I am denied for medicial conditions. on 5-9-1994, I receive the veterans affairs has made a decision ,you are p&t total disabiled for non service connected conditions. I sent the final decision to bva, bva replied ,as bva did not make the decision, the motion for cue has been sent to varo ,for respond my question how can varo respond , to a decision, that there is no decision ,can be made for non serviced connected P&t total ,pllus claim of 1978,was a opened non adjudicated pending claim,there was all medicial evidence to support this claim under cue the final decision of 5-9-1994,adjudicated the pending no adjucated claim under cue laws and reg of cue 1,2,3, for not sympatheteilly develop ,the claim that had all evidence to prove claim, cue Is very rear, but I did iT never give up SEAL

What is your question?

Or, are you saying that you finally won your claim?

[carlie]

for years I have ,tried to get my original medical disability, the va failed to respond,I filed one year after discharge, the va always stated records were in filre,In 1978,I apply again this time the respond wase no records found, I keep trying again I send In claim for 1978,the va does open the claim, I have the claim dated stamped ,as well as original 21-526 dated ,stamped 1978. This will be the last time I would hear from again until a c&P IN 11-14-1993, on test .Is stated no new evidence,needed decision already made. on 1 4 1994, I am denied my claim,I do not send a letter of disagreement,on 2-11-1994,I get letter stating I am denied for medicial conditions. on 5-9-1994, I receive the veterans affairs has made a decision ,you are p&t total disabiled for non service connected conditions. I sent the final decision to bva, bva replied ,as bva did not make the decision, the motion for cue has been sent to varo ,for respond my question how can varo respond , to a decision, that there is no decision ,can be made for non serviced connected P&t total ,pllus claim of 1978,was a opened non adjudicated pending claim,there was all medicial evidence to support this claim under cue the final decision of 5-9-1994,adjudicated the pending no adjucated claim under cue laws and reg of cue 1,2,3, for not sympatheteilly develop ,the claim that had all evidence to prove claim, cue Is very rear, but I did iT never give up SEAL

seal,

Did you serve on the Hobson ?

carlie

[Berta]

CUE in many CUE cases depends on Established medical evidence at time of CUE.Medical evidence VA had in their possession that would have warranted Service connection in the past unappealed decision.

With 100% now per your profile thing-(I assume this is SC 100 and not NSC?)

there could be potential of CUE in past decision.

If the 100% is for non-service connected conditions-

I see no basis for CUE.

But by all means read all the CUE info here -

If they deny and you file a NOD you can obtain a lawyer at that point.

(I wondered that too Carlie)