Just Got Soc

[broncovet]

I am considering asking for a "Motion for Reconsideration" or even, as Berta has suggested, asking the vA to Cue themselves, because I really do not want to wait another 4 years at the BVA.

I am in a dispute with the VA for my effective date. Essentially, I am contending that, at a VA medical professional's offfice, I made an informal claim for benefits years ago.

I am just curios if you think it will do any good to ask for a MFR or ask the VA to Cue themselves. I only have 60 days to file an I9, or I will "loose" the possibility of an appeal. Do you think its ok to ask for a MFR at the same time I appeal, or, ask the VA to CUE themselves concurrently with this appeal? Thanks..Bronco.

[Chuck75]

Whatever you do, don't allow the time to expire. You can ask anything you wish, remembering that--

The DVA is easily confused. They will likely interpret anything you say or write to their benefit, not yours.

The regs are fairly clear that actions at a VA clinic or med professional's office do not constitute a claim, informal or not.

Sending a letter from you to the VARO can be an informal claim.

Perhaps an exception would be if you had sent a letter to the VARO from the med Prof's office, with both you and the prof. signing.

I am considering asking for a "Motion for Reconsideration" or even, as Berta has suggested, asking the vA to Cue themselves, because I really do not want to wait another 4 years at the BVA.

I am in a dispute with the VA for my effective date. Essentially, I am contending that, at a VA medical professional's office, I made an informal claim for benefits years ago.

I am just curios if you think it will do any good to ask for a MFR or ask the VA to Cue themselves. I only have 60 days to file an I9, or I will "loose" the possibility of an appeal. Do you think its ok to ask for a MFR at the same time I appeal, or, ask the VA to CUE themselves concurrently with this appeal? Thanks..Bronco.

[*Bergie*]

I am considering asking for a "Motion for Reconsideration" or even, as Berta has suggested, asking the vA to Cue themselves, because I really do not want to wait another 4 years at the BVA.

I am in a dispute with the VA for my effective date. Essentially, I am contending that, at a VA medical professional's offfice, I made an informal claim for benefits years ago.

I am just curios if you think it will do any good to ask for a MFR or ask the VA to Cue themselves. I only have 60 days to file an I9, or I will "loose" the possibility of an appeal. Do you think its ok to ask for a MFR at the same time I appeal, or, ask the VA to CUE themselves concurrently with this appeal? Thanks..Bronco.

I like the "CUE themselves" because you can point out the mistake and direct them to the info you want them to focus on. It's also something not commonly used by vets and it will certainly get their attention.

JMO,

Bergie

[Pete53]

CUE only happens after the claim is done with no appeals or deadlines left.

The best way in my opinion is to talk to the rater by asking for a Hearing. At least you can present your evidence and ask the rater what their thinking is on your claim.

Plus having a face on the claim helps. All this is provided that you ask the RO to help you and don't pull off a rant. Just my opinion

[akwidow]

So how long does one wait after one asks VA to "Cue themselves" before one starts making more noise? BVA actually noted my CUE Issues in my award for DIC in January 2010. I have already provided all the evidence they need to make a favorable decision (and since they really screwed up on their denials, a favorable decision is the only logical decision to be made). My claim was sent to St. Paul, Minn for completion of the DIC, and as far as I know the file is still there. Anchorage is my home VARO.

Just asking on this relevent issue....

Edited April 1, 2010 by akwidow

[Berta]

Bergie asked

"I like the "CUE themselves" because you can point out the mistake and direct them to the info you want them to focus on. It's also something not commonly used by vets and it will certainly get their attention."

Bergie I did this last year and in 2007 because I noticed that from time to time in BVA decisions- (it sure doesn't happen often)-the BVA stated the VA had called a clear and unmistakable error on themselves in a decision they had made.

I figured -if we have to wait for denial and expiration of appeal period to file a CUE on them-why not then ask them to CUE themselves During the appeal period.

I asked them to Cue their May 2009 award letter, then 2 more subsequent awards letters since.Maybe three and in my post today in the DIC forum-

I intend to do it again.

I feel this way- (obviously my idea worked for me)----

if you get a decision that contains obvious legal errors- that are detrimental to your claim-

in a decision ( even in an award letter)

asking them to call CUE on themselves-got me much faster responses from them then preparing a NOD.

And every time you get the VA to respond to you- there is chance they will put a foot in their mouth by stating something else you can use against them.

In 2007 I asked them to CUE themselves via Iris and that worked-I got a new DRO review.

(But it appeared that my vet rep at the time screwed up royally because although he said he presented my IMOs (2 at that time)to the DRO the SSOC never mentioned he did that.I should have asked them to again CUE the SSOC.but I didnt)

You must raise the legal error they made per the regs.I used both the regs and M21-1 to get them to CUE themselves.If they violate M21-1 that is a legal error.

Except for DTA regs.

In my last request that they CUE themselves I had to get the OGC involved.

It all depends on the type of legal error.When the OGC sent them the very same regs I had sent them-discussed in a letter and phone calls from OGC to them )then they coughed up the cash.Their legal error for that CUE defied not only a BVA statement in a BVA case I had in 2000 it also defied documented info that the OGC had.

My point is asking them to CUE themselves while a claim is still open and in appellate status (wothin NOD year) rests on having the regs completely on your side and citing the exact legal error they committed.

and it must be an error that was detrimental to your claim.

[broncovet]

Berta..

Thanks for comments. I think I will try it..what do I have to loose, since it takes 4 years for a BVA appeal?