Cue Needed?

[jlshand]

My award is based on the wrong filing date. The rater "missed" an informal claim letter which I submitted to and got stamped by the VARO two months earier. I have the stamped copy, do I need to begin a CUE claim to get the extra two months of retroactive award or is there an easier ,quicker way?

If i need to CUE is there a form or will just a letter with the facts and a copy of the stamped infromal claim letter do?

Thanks

[foreveryoung]

How long ago did you receive the award on this claim?

If it was over a year ago summit a copy of the stamped letter and file under 38 CFR 3.105 a. If less than a year you should be able to file an NOD. Good Luck.

3.105 Revision of decisions.

(a) Error. Previous determinations which are final and binding, including decisions of service connection, degree of disability, age, marriage, relationship, service, dependency, line of duty, and other issues, will be accepted as correct in the absence of clear and unmistakable error. Where evidence establishes such error, the prior decision will be reversed or amended. For the purpose of authorizing benefits, the rating or other adjudicative decision which constitutes a reversal of a prior decision on the grounds of clear and unmistakable error has the same effect as if the corrected decision had been made on the date of the reversed decision. Except as provided in paragraphs (d) and (e) of this section, where an award is reduced or discontinued because of administrative error or error in judgment, the provisions of 3.500( (2) will apply.

[Berta]

Also- if less than a year (but keep an eye on the NOD filing date)-

a letter just asking them if they made an error (not a CUE) in your retro date might get faster result-

They denied me a pension just before I was awarded DIC-

But their addition and multiplication on the denial was all wrong- I wrote them a letter and they fixed it-and awarded a partial pension until the DIC was awarded-

it took three weeks for them to fix this-it was a simple mathematical error.

If that doesn't work the NOD should get it resolved.

Edited July 6, 2006 by Berta

[Guest anfrnkie]

How long ago did you receive the award on this claim?

If it was over a year ago summit a copy of the stamped letter and file under 38 CFR 3.105 a. If less than a year you should be able to file an NOD. Good Luck.

3.105 Revision of decisions.

(a) Error. Previous determinations which are final and binding, including decisions of service connection, degree of disability, age, marriage, relationship, service, dependency, line of duty, and other issues, will be accepted as correct in the absence of clear and unmistakable error. Where evidence establishes such error, the prior decision will be reversed or amended. For the purpose of authorizing benefits, the rating or other adjudicative decision which constitutes a reversal of a prior decision on the grounds of clear and unmistakable error has the same effect as if the corrected decision had been made on the date of the reversed decision. Except as provided in paragraphs (d) and (e) of this section, where an award is reduced or discontinued because of administrative error or error in judgment, the provisions of 3.500( (2) will apply.

BRETA, if you file everything under 3.105 if you have proof of every thing you state as true fact how would va respond, that the error has happend years ago? thanks

[Guest anfrnkie]

hiBRETA,i can,t seem to find anything,what happend?anyway i have a cue question for you,if you filled everything under 3;105 and you had all prove,to back up a appeal cue, from a time span or 40 ys,hoe would va handle this? thank you

[Guest anfrnkie]

BRETA, if you file everything under 3.105 if you have proof of every thing you state as true fact how would va respond, that the error has happend years ago? thanks

hi breta, i have so many 3,105,a on va they keep over looking everything even eith proof,like clain for puncherd ear drum ,answer no records ,so i get 0 for rated for hearing loss,i have never applied for hearing loss, yet to this it there i got a reman, from bva, take nessary action,nothing done,no they send me a new ssoc[i answered] and now i am told my claim has been sent to washington,i ask why va states itis a redom done by va and my case sent there, i get 100% ptsd, that only started in 2003, my ptsd,clearly states check all navy rectors,proof of that stressor wss put on ptsd form 4-11-52,uss wasp sinkinc hobson,and va states no reason to change date back to 52.i saw my sentor,he called washington,told them something,this was don a few days ago, noe it,s it,s in dc for redom,this i can,t understand,another thing in 1978 claim,medical records were asked for puncherd ear drum, for 46-49 no records found,yet in 1994 i apply for penson i get turned down for income limit,but in letter it states you are non service connected medical disablied ACCORING TO YOU RECORDS OF 1948 AND RECORD OF EVIDENCE wouly you call that a 3;105 a? sentor said claim is to mixed up need to have this resolved how?