Where To File A Cue?

[USNDW]

Helping a friend file a CUE for a bad rating back in 2005 and am a little confused where to file it.

The RO that has his file now is here in the local area. His original claim was processed by a VARO a couple of states away, and they are the ones who made the error (we think) in the original decision. He never filed an appeal from the claim and after his claim was complete the VARO sent the file back here to the local VARO. I think maybe they were too busy here and farmed it out because I know a couple of Veterans in this area who had their claims processed at the same VARO a couple of states away.

Any help in recommending where to file would be great.

[Guest]

I think it should be at the local VARO. I have heard that CUE claims need to be filed at the AOJ (Agency of Original Jurisdiction) but since the claim was farmed out I think it must be filed at the same level. If the local VARO choose to farm it out again, that will be their decision. Keep in mind that since this decision was farmed out the local VARO may not farm it out again and just give it a rubber stamp denial and force it to go to BVA for a decision. Remember the CUE claim guidelines and be specific, make sure there is a CUE before filing.

Edited July 18, 2011 by pete992

[cooter]

If you need any help that would add fuel to the fire there are some members here that are quite experienced with CUE's.

[USNDW]

Thanks, I appreciate that.

We are still in the development stage (which will be much shorter than the VA Development stage) but based on the award letter, and the medical records that covered the conditions it is pretty clear that a serious error occurred. The only thing I need to wait for is a copy of the C&P exam, which the Veteran does not remember where it was, to see if there was anything negative from the examiner, but again the reason for the decision, the 10% bilateral, clearly states a DVT in each limb, remarked on the year that both happened and that there was edema (thrombophlebitis) in both limbs, so how on the hell they got 10% after writing that, who knows??

I will be looking for more help and Carlie has already given me invaluable advice.

I really appreciate your help because this Veteran really got hosed, and I almost think that if he had another pulmonary embolism anytime soon his family would not get jack squat because the condition that he is rated for now would not be considered to be the cause of death.

Never have I seen 2 legs on one person that looked so dissimilar, I am talking 2x the size of the other limb.

Can varicose veins be rated separately from THROMBOPHLEBITIS or Phlebitis??

[cooter]

Is your friend rated for any other disability?

[USNDW]

Yes, he's got a 30% for hiatal hernia (GERD)

They denied a couple of his claims and he never appealed. I wasn't here when he separated and only over the past 2 months have we been discussing his rating. He has to get scheduled for a GWI exam. They are supposed to get back to him this week on that. He had his initial VA exam to begin health care just recently also.

[john999]

You have to file at the level where the CUE was made. If it was made at the VARO level that is where you file it. You know when you file a CUE there is no VCAA or benefit of doubt. If a lot of money is involved the VARO probably will deny it. They just let you send it to the BVA and the BVA lets you appeal to the Court. Your pal should get a lawyer who believes in his claim because it will be a long ride if it involves lots of potential retro. That is my experience. The VA will find any reason to deny these claims. Hell, they don't even need a reason.