Results Of My Request For Va To Cue Itself

[Berta]

Erroneous decision received here Dec 7th 2011.

I requested VA to CUE the decision on Dec 8th, 2011

Dec 30th 2011, I got letter saying that they 'received' my AO IHD SMC claim.

Jan 6th, 2012 Rating decision has been made per 800#

(the VA rep said they had never seen any thing decided that fast before)

(I didn't tell them of the battle this involved- well not a battle, more just a very well focused large skirmish)

Jan 9th, 2011 - waiting for decision to see if it is correct.

CUE , as a collateral attack, can be used against the VA if they make a legal error so compelling that it is profoundly wrong.

Legal errors only. And it pays to move fast on stuff like this.

Use the initials of the individual who screwed up the decision (and exact date of the decision) in the request and tell VA exactly why a clear and unmistakable legal error has been committed to your detriment.

I am thrilled that this only took a month because if the rating is wrong, I am well prepared to fight that with an IMO.

If the EED is wrong , NVLSP will help to fix that.

I can deal with appealing arbitrary decisions , but the decision I got in December was clearly erroneous.

And absurd.

And they had to go --- themselves.

[Pete53]

Good Luck

[halos2]

Guess they don't know who they are dealing with. You would think by now they would and grant you your awards. Especially since you are well versed in VA Law Regulations, they should read it and push it along to monetary folks. We know you will get it, it is a bummer you still have to fight.

[Berta]

Thanks Halos-

They did find out at VA Central -who they are dealing with.

I have been in contact with a reporter too in DC regarding other Nehmer claimants whose claims were not handled properly.

Unfortunately , if any potential Nehmer claimant did not get put on the list every VARO was supposed to send to NVLSP- then NVLSP has no way of knowing who they are-unless they use the contact info -and I just bumped that up in our AO forum.

At some point the VA is going to have to do an assessment to account for all the new Nehmer claims they have paid under the new presumptives.

I hope that assessment makes national news because that might draw out all the potential Nehmer claimants who still don't even know of the new regs and who VA never put on any NVLSP list and who never got a formal Nehmer letter.