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

[free_spirit_etc]

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

Hey! Jump right on in! You are completely welcome here! :)

Free

[free_spirit_etc]

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

Jerr

Well... that's ONE of the keys.

Having a winnable case is another.:)

[carlie]

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,

Let us know when you have a decision in your hand.

I'll probably bust a gut if Bay Pines actually promulgates

a rating decision on a claim for C&UE, just filed in Nov 09

even a day sooner than 12 months from this filing date.

Hell, I can't even believe it's cleared the mail room

and made it onto a computer,in less than a month.

jmho,

carlie

[jerrbilly]

I will keep everyone updated on this for sure. Thanks for helping me understand the process better.

Jerr

jerr,

Let us know when you have a decision in your hand.

I'll probably bust a gut if Bay Pines actually promulgates

a rating decision on a claim for C&UE, just filed in Nov 09

even a day sooner than 12 months from this filing date.

Hell, I can't even believe it's cleared the mail room

and made it onto a computer,in less than a month.

jmho,

carlie