I read that in filing a CUE a Veteran has only "one shot" to get it right, or forever be barred from filing a Cue again. Does that apply to a single decision? What if that decision has multiple issues, and there were multiple CUE violations? What about "unadjucated" issues, that is, what if a decision failed to address an issue at all, so the Veteran was unaware the decision was "deemed denied"?
I just realized this "deemed denial" thing opened up a can of worms with Cue. In case you are not up to speed a "deemed denial" means if you apply for 3 issues, and the VA issues a decision on just one, the other two are "deemed denied" and the one year appeal clock starts..Veterans are required to file a NOD for claims that have never been decided because the court considerers them denied. Its one of those Va loopholes that frustrates Veterans.
Question
broncovet
I read that in filing a CUE a Veteran has only "one shot" to get it right, or forever be barred from filing a Cue again. Does that apply to a single decision? What if that decision has multiple issues, and there were multiple CUE violations? What about "unadjucated" issues, that is, what if a decision failed to address an issue at all, so the Veteran was unaware the decision was "deemed denied"?
I just realized this "deemed denial" thing opened up a can of worms with Cue. In case you are not up to speed a "deemed denial" means if you apply for 3 issues, and the VA issues a decision on just one, the other two are "deemed denied" and the one year appeal clock starts..Veterans are required to file a NOD for claims that have never been decided because the court considerers them denied. Its one of those Va loopholes that frustrates Veterans.
Link to comment
Share on other sites
Top Posters For This Question
5
4
3
2
Popular Days
Dec 22
9
Dec 23
6
Top Posters For This Question
carlie 5 posts
jerrbilly 4 posts
free_spirit_etc 3 posts
broncovet 2 posts
Popular Days
Dec 22 2009
9 posts
Dec 23 2009
6 posts
14 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now