Bva Hearing?

[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

[Berta]

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.

[foreveryoung]

Thanks Berta

[Alex]

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

[foreveryoung]

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.

[bigvic]

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

[foreveryoung]

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.