Is This A Cue?

[justrluk]

I may have asked a question about this before, but I cannot find it so forgive me:

I filed a claim 4/2010 and was denied (had C&P, sent records, etc.). I requested reconsideration and have the letter from my VSO at the time proving the request was sent. Never heard anything. 3/2011 roles around, and still nothing so I file the NOD/Form 9 the day prior to the expiration of the 1-year period - still no SOC. Does this constitute a CUE??

Thanks!

[jbasser]

It just means you still have an open claim.

To have a CUE. one must have the following .

A claim that has reached final. 1 year from the date of a denial with no appeal or nod issued.

A Legal error that has cost you harm (Retro)

An error so bad that the reasonable minds would agree with it.

cannot be a harmless error, cannot be about how the evidence was weighed and cannot be about the duty to assist.

The most common cue claims is failure to properly apply the rating schedule or regs.

J

[justrluk]

It just means you still have an open claim.

To have a CUE. one must have the following .

A claim that has reached final. 1 year from the date of a denial with no appeal or nod issued.

A Legal error that has cost you harm (Retro)

An error so bad that the reasonable minds would agree with it.

cannot be a harmless error, cannot be about how the evidence was weighed and cannot be about the duty to assist.

The most common cue claims is failure to properly apply the rating schedule or regs.

J

J -

Thanks. I'll just continue to be patient (that was a joke...).

[jbasser]

Be proactive. ASk your rep to find out what is going on at the RO level.

Iris and call to find status.

J

[carlie]

Does this constitute a CUE??

Absolutely not.