Asking The Va To Cue Themselves

[free_spirit_etc]

From another thread:

http://www.hadit.com/forums/index.php?showtopic=33395

My point is when they are asked to CUE themselves (I got a second DRO review in 2005 as well with this type of request) they have to do something.

Asking VA to CUE itself must be supported by some VA case law or legalize that applies to the claim and the request-as in your case here.

Berta (or others who know such things...),

I am very interested in this part. I sent a request for the VA to correct a clear and unmistakable error on my claim in February 2009. The issue was the November 2008 dismissal of my appeal as untimely, though it was clearly sent within the time-frame.

The VA signed for the CUE request document, and acknowledged by IRIS that they had received it. However, they referred to it as an NOD, rather than a CUE Request, in the IRIS. It is clearly labeled at the top of each page "Request for Correction of Clear and Unmistakable Error

RE: Dismissal of November 7, 2008 NOD".

As the VA did not take any action on my Request that they CUE itself, I also submitted an NOD on the same issue in October 2009, to assure that it is on record that I disagreed within the time-frame to do so.

However, it does seem like my claim might move faster if the moved on the CUE, and corrected the error, and then processed my initial NOD (as timely) than if they go all the way through the appeals process with the NOD on whether my appeal was timely, before they ever start dealing with my November 2008 NOD itself.

So I am interested in your statement that if you ask the VA to CUE themselves, they have to do something.

Would it be advisable for me to follow up and address that issue, and ask the VA when they expect they might address my February 2009 CUE request?

Edited December 21, 2009 by free_spirit_etc

[jerrbilly]

I have a CUE in process right now. My DAV officer brought some issues to the team leaders attention on their last denial for IU.

I'm just waiting now since the CUE has been processing since November 09.

Jerr

From another thread:

http://www.hadit.com/forums/index.php?showtopic=33395

Berta (or others who know such things...),

I am very interested in this part. I sent a request for the VA to correct a clear and unmistakable error on my claim in February 2009. The issue was the November 2008 dismissal of my appeal as untimely, though it was clearly sent within the time-frame.

The VA signed for the CUE request document, and acknowledged by IRIS that they had received it. However, they referred to it as an NOD, rather than a CUE Request, in the IRIS. It is clearly labeled at the top of each page "Request for Correction of Clear and Unmistakable Error

RE: Dismissal of November 7, 2008 NOD".

As the VA did not take any action on my Request that they CUE itself, I also submitted an NOD on the same issue in October 2009, to assure that it is on record that I disagreed within the time-frame to do so.

However, it does seem like my claim might move faster if the moved on the CUE, and corrected the error, and then processed my initial NOD (as timely) than if they go all the way through the appeals process with the NOD on whether my appeal was timely, before they ever start dealing with my November 2008 NOD itself.

So I am interested in your statement that if you ask the VA to CUE themselves, they have to do something.

Would it be advisable for me to follow up and address that issue, and ask the VA when they expect they might address my February 2009 CUE request?

[carlie]

I have a CUE in process right now. My DAV officer brought some issues to the team leaders attention on their last denial for IU.

I'm just waiting now since the CUE has been processing since November 09.

Jerr

jerr,

Nov 09, my timeline guess would 12-36 months befor you will know an answer

on your claim for C&UE.

jmho,

carlie

[free_spirit_etc]

jerr,

Nov 09, my timeline guess would 12-36 months befor you will know an answer

on your claim for C&UE.

jmho,

carlie

Oh wow! Well.. on such a time-line, then if I can get my hands on the rest of the medical records, I have time to get an IMO and get my claim fully developed before they review my claim.

Edited December 22, 2009 by free_spirit_etc

[akwidow]

I asked the VA to CUE themselves on past closed issues quite a while ago. (about March 2008) THE COVA mentioned it, but said it must go back to the RO for consideration. In the meantime, my DIC case left the AMC and went to the BVA.

My guts tell me that the CUE issues will not be addressed until the DIC claim is done at the BVA. Is this a correct assumption? Or can the VA do two things at once? :)

Don't mean to shanghai a thread, but this question is so this issue....

[jerrbilly]

It's actually waiting to be signed off on now by the CSM. My DAV rep told me it was like 24 pages long since it's a CUE.

Thanks, Jerr

jerr,

Nov 09, my timeline guess would 12-36 months befor you will know an answer

on your claim for C&UE.

jmho,

carlie

[jerrbilly]

That's a good mindset. Being pro-active is key to winning.

Jerr

Oh wow! Well.. on such a time-line, then if I can get my hands on the rest of the medical records, I have time to get an IMO and get my claim fully developed before they review my claim.