Cue As Part Of The Nod, Or Separate Action?

[hedgey]

As I mentioned last month, my DH got his decision letter for his claim. He's not satisfied, so he's filing a NOD and probably a CUE.

My question here has to do with the VSO who has POA for both my husband & I. He works for the local gov't entity, and is affiliated with the American Legion.

Now throughout the claim process, my DH has not received any correspondence from the VSO. Plus, DH submitted some supporting military documents and an IMO to the VSO, neither of which were mentioned in the decision letter, indicating to us that the submitted items didn't make it to the VARO.

Now we know that submitted documents get lost at the VARO, so we're not blaming the VSO for that (okay, maybe we are, just a bit). BUT, DH hasn't heard a peep from the VSO's office about the decision being completed, the rating, nothing at all.

It just seems a bit lacking that the VSO didn't even call or send an email to make sure DH had received the decision letter. The letter states that a CC went to the VSO.

Just to add to our disgruntlement, I have claims pending, too, and haven't heard word one from this guy, either.

When we call his office, he's never available, and it's as least as likely as not that he won't return our call.

Maybe we expect too much? We're hesitating to let him get involved with the NOD or the CUE.

Anyone have any recommendations as to VSO? We went to visit the State rep, but after sitting in his office for a half hour, listening to people call him and leave messages on his answering machine (including very personal information) we decided not to go with him. We just didn't like the idea that someone else might later listen to our messages while meeting with him...

[*Bergie*]

As I mentioned last month, my DH got his decision letter for his claim. He's not satisfied, so he's filing a NOD and probably a CUE.

My question here has to do with the VSO who has POA for both my husband & I. He works for the local gov't entity, and is affiliated with the American Legion.

Now throughout the claim process, my DH has not received any correspondence from the VSO. Plus, DH submitted some supporting military documents and an IMO to the VSO, neither of which were mentioned in the decision letter, indicating to us that the submitted items didn't make it to the VARO.

Now we know that submitted documents get lost at the VARO, so we're not blaming the VSO for that (okay, maybe we are, just a bit). BUT, DH hasn't heard a peep from the VSO's office about the decision being completed, the rating, nothing at all.

It just seems a bit lacking that the VSO didn't even call or send an email to make sure DH had received the decision letter. The letter states that a CC went to the VSO.

Just to add to our disgruntlement, I have claims pending, too, and haven't heard word one from this guy, either.

When we call his office, he's never available, and it's as least as likely as not that he won't return our call.

Maybe we expect too much? We're hesitating to let him get involved with the NOD or the CUE.

Anyone have any recommendations as to VSO? We went to visit the State rep, but after sitting in his office for a half hour, listening to people call him and leave messages on his answering machine (including very personal information) we decided not to go with him. We just didn't like the idea that someone else might later listen to our messages while meeting with him...

I don't use VSO's due in part to the same complaint as you. I file everything myself that way I know it gets done. I don't think you can file a CUE until you've filed a NOD and received an SOC. What I do is this I file the claim whether it gets denied or not it doesn't matter. Because, I know and will point out to you that you have 1 year from the date of the decision (SOC), to develope your claim. I don't know how you presented your claim so I'll just go through the steps I use. I gather all necessary and supporting medical documents from service medical records, VAMC medical records and private doctor medical records and make a copy of each. I put these records in chronlogical order and on a 21-4138, I naratively explain my claim then I list in the same chronolgical order each document note, and at the end in parenthasies I list the number of pages. Once I have everything together and listed I then go to the VARO and when turning in the packet I request "time stamped copies" of everything. They may not like it but they will give you the copies. This is necessary because as I found out in a DRO hearing some of the documents that I turned in never made it to the DRO. Well this is what I do I hope it helps, but I don't rely on VSO's. I can do everything and know it was done.

Hope this helps,

Bergie

[carlie]

As I mentioned last month, my DH got his decision letter for his claim. He's not satisfied, so he's filing a NOD and probably a CUE.

hedgey,

Remember you can only file CUE on a 1) final 2) unappealed decision.

So, if the CUE regards an issue in the rating decision your DH received

last month - that decision is not yet a final decision.

Berta has made many post regarding requesting VA to CUE themselves,

so that maybe an option for you.

Perhaps she will chime in on this.

What specifically do you feel the CUE is ?

carlie

[hedgey]

Here's a link to my previous post about my husband's Decision.

Reading through the Decision Letter

My husband went to speak to the VA Rep about this. PLEASE NOTE: He talked to a woman who works directly for the VA, at a VA satellite office on a nearby military installation. This not our VSO (about whom I was grumbling in another post).

The VA representative advised him to file a NOD, citing that evidence he'd submitted was not included the decisions, and that the C & P examiner forced him to exceed his ROM.

She also recommended that he include the CUE request as part of the NOD, but not as a formal CUE. Just a statement to the tune of "HEY!! You missed the scars back in 1985! You missed that they were 3rd Degree Burn Scars!! I want my increase retro'd back to 1985!"

I totally believe this woman wants to help my husband. But I'm wondering about the CUE part. I thought CUE was a completely different action, and that it would have to go to the VARO where his initial rating was done (in another state).

Any thoughts on this? Am I over analyzing what should be a simple thing?

THANKS!

[hedgey]

hedgey,

Remember you can only file CUE on a 1) final 2) unappealed decision.

So, if the CUE regards an issue in the rating decision your DH received

last month - that decision is not yet a final decision.

Berta has made many post regarding requesting VA to CUE themselves,

so that maybe an option for you.

Perhaps she will chime in on this.

What specifically do you feel the CUE is ?

carlie

Carlie, I think you've answered my other post about NOD's & CUE's.... could you delete it? I don't see how I can do other than edit it, but that would still leave the empty thread...

I'm sorry to post a new thread with the same question in it. Kinda like the way I babble on to the cats!

Back to your question, the CUE is related to my husband's burn scars. Here's the link to the thread I did when we first got the letter:

Reading through the Decision Letter

Essentially, back in 1985 when the VA first evaluated him, they gave him 2 separate 10% ratings (7801) for 2nd degree burn scars on his arms and his back. In 2010, they increased the 10% ratings to 20% for one & 30% for the other, both now called 3rd degree burn scars. Plus, they added 2 new 30% ratings for burn scars on his head (7800) and 3rd degree burn scars on his back & side.

I think the CUE would be that back in 1985 they missed the scars on his head (both ears, neck & scalp) and the scars on his back. Believe me, no one looking at him can miss those scars on his head or on his back. Plus they called the 3rd degree burn scars only 2nd degree burn scars. If they're 3rd degree scars now, they certainly were back then.

Doesn't this seem like a CUE?

I'm not sure I understand about having the VA CUE themselves... that sounds too impossible!

[john999]

I don't think there is such a thing as an informal CUE. I don't think you should include a CUE with a NOD from another claim. Your husband had a rating in 1985 that did not include scars. Did the claim in 1985 include scars that were overlooked? What error are you basing the CUE on that happened in 1985?

[carlie]

Carlie, I think you've answered my other post about NOD's & CUE's.... could you delete it? I don't see how I can do other than edit it, but that would still leave the empty thread...

I'm sorry to post a new thread with the same question in it. Kinda like the way I babble on to the cats!

Back to your question, the CUE is related to my husband's burn scars. Here's the link to the thread I did when we first got the letter:

Reading through the Decision Letter

Essentially, back in 1985 when the VA first evaluated him, they gave him 2 separate 10% ratings (7801) for 2nd degree burn scars on his arms and his back. In 2010, they increased the 10% ratings to 20% for one & 30% for the other, both now called 3rd degree burn scars. Plus, they added 2 new 30% ratings for burn scars on his head (7800) and 3rd degree burn scars on his back & side.

I think the CUE would be that back in 1985 they missed the scars on his head (both ears, neck & scalp) and the scars on his back. Believe me, no one looking at him can miss those scars on his head or on his back. Plus they called the 3rd degree burn scars only 2nd degree burn scars. If they're 3rd degree scars now, they certainly were back then.

Doesn't this seem like a CUE?

I'm not sure I understand about having the VA CUE themselves... that sounds too impossible!

hedgey,

I merged the two topics together as they both have pertinent information in them.

Do you still have a copy of the 1985 Rating Decision and can you post the Evidence Section along with the Narrative or

Reasons and BasesSection that shows the hows and why of the Decision.

My gosh, if his ears were burnt off heck yes it seems he should have received something higher than 2 10 percent ratings in 1985

but it might depend on what conditions he applied to have SC'd.

jmho,

carlie