Dro Decision

[Mr cue]

i have a pending appeal from 1994 found during a cue. during these pending appeal the dro grant everything. does this make the pending appeal found during a cue final.

i am lost can find to much info on this

[Berta]

If the DRO has granted the issues , the CUE is moot- meaning the claim has been resolved.

This might explain what I mean better:

In 2004 I filed 2 CUE claims against the VA. The Buffalo VARO didn't read a single piece of my legal evidence and sent me some ridiculous renditions for their denials.

These CUEs were set for BVA transfer in August 2010 but then suddenly were sent instead to Philadelphia RO as they fell under the new Nehmer Training letter.

I also filed, in August 2010, a formal AO IHD claim and told VA if the Nehmer award of posthumous retro SMC accrued was proper, then they could consider my CUE claims as moot issues.

The results of the AO IHD claim however would have to be the same results I expected from the CUE claims.Actually the results have to be better as I won an additional SC AO claim during the 7 years so far that the VARO had these CUE claims.

In other words if the VA rectifies a past erroneous decision with a newer decision that satisfies the claims, then a CUE no longer exists because the VA itself has overcome the error, and manifestly altered the outcome with a proper decision and more retro.

I hope that makes sense.

Edited November 29, 2011 by Berta