My Vfw Rep.filed A Cue Claim For Me In 2002,but Nothing Has Happend.

[mos1833]

when i was denied in 2002 , my vfw rep filed an appeal for me ,and at the same time he said they made a cue mistake in 1984,so he filed a cue claim, but nothing happened with the cue claim,its in the c-file but no decesion,shold i file a rit , or what thanks

[john999]

Is your CUE date stamped? You never got a denial of your CUE?

[mos1833]

john999 , how do you tell if its date stamped , i rember the rep. saying they may decide my appeal first , but iam not sure .thanks

[john999]

I wonder if your VFW guy ever filed your CUE? The thing is if he did not file your CUE you can file it now. The date of the CUE is still the same. Is there anything on the VFW CUE that says it was received by the VARO on such and such a date. If you live close to the VARO I would go there with the CUE claim from your file and ask what happened. If it was never actually filed and denied you could file now. If it was filed and denied there should be a record of a denial.

John

[mos1833]

john999 , thanks for your help , when my claim was at the court i could not belive all the mistakes the made, so i ask my lawyer for a copy of the record (rba) he sent me a copy on a CD ,it has parts of my c-file on it .those parts are all scrambled and not in order. the cue is 5 pages long, and its not stamped or any thing.it does have the date it was filed, its kinda like they missed it,or something. any way whats my next move.? thanks

[john999]

I would write a certified letter to your VARO and VSO and ask what happened to my CUE claim if I could not go there in person. The CUE may still be open. You may have some action against your VSO if he did not actually file the CUE. The CUE still exists if the VSO filed it or not. CUE's are not really like regular claims. The retro date is the date the CUE occurred and not the date you filed for it. I have a CUE that occurred in 1973. I discovered it in 2005 and filed on it then. It is at the COVA for second time now. None of the facts have changed and dates have not changed.

John

[mos1833]

thanks again john999