foreveryoung Posted April 13, 2006 Share Posted April 13, 2006 I just received a letter from the VA, they decided to send my claim for an earlier effective date to the BVA for CUE review back to 1977. Should I request a personnel hearing or just let the wheels turn? Dave Link to comment Share on other sites More sharing options...
Berta Posted April 17, 2006 Share Posted April 17, 2006 forgot to answer- a CUE claim on a BVA final decision should be filed with the BVA. An erroneous diagnostic code, if it caused you to be improperly rated (thus you lost comp) can be successfully challenged as a CUE in a final VA decision. CUEs are not medical issues-they are legal issues- regardless of the medical aspect- once an adjudicator determines a DC for a claim- that puts the claim by virtue of the DC (as part of the VA regs)into a legal situation and an opportunity for a CUE challenge. GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
foreveryoung Posted April 17, 2006 Author Share Posted April 17, 2006 Thanks Berta Link to comment Share on other sites More sharing options...
In Memoriam Alex Posted April 18, 2006 In Memoriam Share Posted April 18, 2006 Dave -- Since most claims turn on medical evidence, there is no necessity to have a BVA hearing, especially if you already have hada hearing before the RO. Seen in the abstract, there is no reason to ask for a BVA hearing on a CUE, since the evidence is in the file or isn’t – and you cannot add to it at this point. But there is a general sentiment that the BVA has a tougher chance of turning you down if they look you in the eye, and statistics bear out the fact that people who have VACO hearings in DC have a higher rate of allowances than people who don’t. Alex Link to comment Share on other sites More sharing options...
foreveryoung Posted April 20, 2006 Author Share Posted April 20, 2006 Good advise Alex If I submit a packet of information to the BVA before the 90 days I was told in my letter, will they review it before making a decision? I want to provide the BVA an accurate flow of data of how I believe there is a CUE. Link to comment Share on other sites More sharing options...
bigvic Posted April 20, 2006 Share Posted April 20, 2006 Could someone on here please tell me what a CUE is. I understand everything else except that term. Bigvic 100% permanent Severe Spinal Canal Stenosis Link to comment Share on other sites More sharing options...
foreveryoung Posted April 20, 2006 Author Share Posted April 20, 2006 Basically if you have had a previous final BVA decision on a claim. You can only reopen it if you can determine/prove the VA made a legal or regulatory error. Link to comment Share on other sites More sharing options...
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foreveryoung
I just received a letter from the VA, they decided to send my claim for an earlier effective date to the BVA for CUE review back to 1977. Should I request a personnel hearing or just let the wheels turn?
Dave
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