How To Fix Little Mistakes

[mos1833]

i lost my claim. the va made so many little mistakes , and they kelped me confused the whole time i was in the appeals process, ( i heard it said after va puts something on paper you'll never get it changed )

so now i want to list some of these little mistakes in no particular order, but this one is very confusing.and i hope you'll understand what my questions are.

this question is about remand orders. 95-42 640

a june 2004 decesion and order,vacated the boards decision and remanded the matter for further consideration.
in a march 2008 per curiam opinion,the united states court of appeals for the federal circuit (federal circuit) summarily affirmed the courts june 2004 decision.

subsequenty,in october 2008, the board again found that the veteran had submitted new and material evidence to reopen his claim.

see what i mean,the board again found that the veteran had submitted new evidence, even though i didnt summit any thing , and so i guess it came back from the federal circuit needing new evidence, is that right ? was this a mistake ? thanks

[john999]

On my CUE my lawyer recognized early that the VA was going to try and say I was just asking for the facts of the case to be reweighed. If the VA could establish that then my CUE was dead. For my CUE I had a lawyer all the way as soon as I filed my NOD. 6 years later the VA lawyers at CAVC are still trying to say I am just trying to have evidence reweighed 40 years after the fact. This is not true, of course, but the VA will beat that house to death.

[shipswriter]

nothing is more shocking than finding that 'you' filed a claim for something you never really filed for - I was never in Vietnam and never even traversed the Pacific Ocean, but they said I claimed Agent Orange exposure effects and service in Vietnam?...I know BUT IT DID HAPPEN...three years later I am still trying to get them to remove that miscue and associated docs from my file but the problem refuses to go away...be careful, watch your file activity on ebenefits and all correspondence carefully...sometimes bless their hearts your local rep (POA) can access the right name (almost) but the wrong 'file number' when starting a claim for a veteran, if you know what I mean and then things really get screwed up...I know from first-hand experience...three years after the fact still trying to get it 'fixed' but like yall said once it is in your C-file it stays there (until someone manually removes it) but the problem these things tend to stay on your ebenefits profile whether they belong there or not....the blessing and curse of the electronic age!

[mos1833]

heres another small mistake

in 2002 i filed an appeal on my back claim.

at the same time i file a cue claim on a 1985 decesion for the same injury.

they they reopened my back claim,,,, but failrd to even comment on the cue.

infact they have never did any thing with it.

what is the correct proceedure,,

i started an inquirey about 3 months ago, nothing yet

what do yall think,

thanks

[Berta]

“at the same time i file a cue claim on a 1985 decesion for the same injury.

they they reopened my back claim,,,, but failrd to even comment on the cue.

infact they have never did any thing with it.”

I don't see how they could act on the CUE until the claimed back injury is service connected.

When your back disability is SCed, then you can re- file the CUE claim ,if it falls under the CUE criteria.

I suggest going over carefully the exact CUE criteria and all of the CUE info in our CUE forum,if VA does SC your back disability.

One of my claims shows what I mean.

My last CUE (3 CUEs in the same claim regarding a 1998 decision) required that VA first rate my husband's stroke properly under 1151.

That part was no problem, as the evidence had been in VA's possession for years.

It had already been determined VA that they had caused his 1151 stroke via malpractice.

He had a medically established "as if SC" disability, that they had to handle almost the same way as a SC disability.

Once they rated him properly, they then resolved the rest of the CUE claim.

A CUE cannot occur on a disability that has not been SCED yet by VA ( or deemed “as if SC” under 1151)

Because a CUE claim involves a monetary award a claimant did not get, but for the CUE.

It is solely a legal error and does not involve medical interpretations. The medical evidence for a valid CUE claim must be established prior to filing a CUE on any past decision.

In my case above the medical evidence had already been well established.

I sent VA the exact regulations they broke along with the M21-1MR version of the regs.

They awarded but the award was wrong so I asked them to CUE themselves and that claim is with a specialist.

( this award resulted from a Cue Yourself VA request I sent as a complaint via IRIS when the first decision I got on my AO IHD death claim was ridiculous and they fixed that part of the award right away)

on the one statement they made erroneously that involved about 18 more months of 100% P & T and SMC under 1151 ,along with copies of the established evidence they had ,

but failed to consider when they made the 1151 award last year.The AO IHD award was resolved properly after I asked them to CUE the first decision.

I await their next proper decision.

CUE is powerful but a cue claim must comply with the CUE criteria here at hadit.

I learned a lot about CUE from reading BVA awards under CUE and even more,I learned plenty from BVA denials of CUE claims.

Carlie posted many BVA CUE claims here and they are all excellent examples of how to succeed under CUE.

Edited November 9, 2013 by Berta

[mos1833]

thanks berta

so ... if the r.o. makes a mistake which i feel was a cue , in the process of denieing my claim.

and i file a nod , plus at the same time i file a cue for the mistake.

and then they reopened the claim,but denied it

at that point are you saying ? had they granted the reopened claim, then and only then they would consider the cue claim.

but because they denied it, the cue claim would just sit there until the claim is granted.

forgive me berta, but its all to confuseing, thanks again

[Berta]

"had they granted the reopened claim, then and only then they would consider the cue claim?"

Possibly but that claim was filed long ago.

It would be the best bet to file a new CUE claim on the older decision , if they do grant the claim.

Maybe best to explain with a personal example.

My husband died with a Section 1151 claim pending and I had to reopen it.

They awarded DIC for the malpractice that included his IHD, but never paid the 1151 comp.

They did pay me DIC. That has nothing to do with the comp that was due him in his lifetime,that they owed me after his death.

So,one of their errors (they made 3 CUEs in that decision)was that they owed accrued comp for the 1151 claim in 1998 when the decision was made.

My rep at the time said I shouldnt NOD it because 1151s are different then regular claims..

Like a dope I believed him but it still bothered me and I filed the CUE claim long after my NOD period had expired.

My point is that the VA owed him cash at the time of the 1998 decision.

Because of their errors in the decision, (since he had died) they owed me the cash but didnt pay it.

My accrued claim had been filed within one year after his death and VA had properly awarded me 2 years of accrued SC PTSD comp.

I reminded VA of the accrued claim filing date as well as the fact that M21-1MR specified a separate award for 1151 issues.

When VA denies a claim there is no cash to fight for with a CUE.

If VA subsequently awards the exact same disability, and the evidence shows it was at a ratable level (at least at 10%) at time of the denial,

then there is basis for a CUE claim.

A CUE EED goes back to the original claim date. There is no time limit at all on filing CUE claims.

Edited November 10, 2013 by Berta