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

[mos1833]

ok, john999

just a little more in put please.

i did what you suggested and meet with the va. i ask why my cue has not been decieded yet.

what a rude bunch'' of a-holes'' any way the lady looked on the computer and said ,you dont have any claims,we have denied your claim and it is closed, which is correct. so i said i know that and i plan to re-open that one, but i want to find out about my cue claim, she got all pissy, and said she didnt see one listed,so i showed her a copy of it, well shes called her boss , and they chated for a while and then she handed me the phone. he said sir' if in fact this claim is showen in your file , it was also denied with the others. i said could i please start an inquireie about it , he said they cant do an inqurie on a closed case.

so i said whats your name and he said jason, and i said jason start an inquireie,and handed the phone back to the lady helping me. she was steamed at me , and said we cant help you with that request,but was there any thing else,i gathered up my files and headed out the door, so there was no help , and i still dont know what to do....thanks

[Berta]

“so he filed a cue claim, but nothing happened with the cue claim,its in the c-file .”

Did you personally see it in your C file?

I had the same reaction John did.

“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 “

5 pages long..... that is very long for a CUE claim.....

As John said, you can still re file it. But if I were you I would go over the C file very carefully and any SOCs or SSOcs they sent to you to see if in fact they did deny it along with a decision on something else.

What did your lawyer say about this?

You said”parts of” your C file.... do you have a complete copy of your C file?

[john999]

If you filed a CUE in 2002 there should be some evidence in your C-File that it was denied. That's been 11 years so some decision was made on it. I agree with Berta to really look over your file.

[mos1833]

JOHN999, BERTA, THANKS

AS I SAID , WE FILED THE APPEAL AND THE CUE AT THE SAME TIME.AT THE BOARD 95-42 640

WHEN I ASK MY LAWER WHAT WAS HAPPENING, HE SAID THEY HAD TO MAKE A DECESION ON THE APPEAL FIRST,AND THE THEYED WORK THE CUE CLAIM. THE APPEAL GOT REMANDED,BUT THE SECURTY APPEALED THAT DECESION TO REMAND. AND THAT TOOK IT TO THE NEXT COURT HIGHER 02-2299 , THAT COURT SENT IT BACK, ITS VERY CONFUSING AT THAT POINT, IT WENT BACK TO THAT COURT IN 2009 , 09-2069,AND AGAIN IN 2011, 11-2847 WHERE THEY FINELY DENIED THE CLAIM, AND THEN IT WAS CLOSED.MY LAWER SAID I SHOULD TRY TO RE-OPEN IT AT REGIONAL, WHEN I ASK ABOUT THE CUE CLAIM HE SAID FILE AN INQURIE, BY THAT TIME HED ALREADY GIVE UP ON MY CLAIM,AND WAS WASHING HIS HANDS WITH ME,THERES A LOT MORE I HAVE QUESTIONS ABOUT,BUT FOR NOW IAM JUST DEALING WITH THE CUE CLAIM, AND IF ITS BEEN DECIDED I DONT SEE IT ANY WHERE,AND I DO HAVE ALL MY FILE. SO THINKS ALL

[Berta]

WHEN I ASK ABOUT THE CUE CLAIM HE SAID FILE AN INQURIE, BY THAT TIME HED ALREADY GIVE UP ON MY CLAIM,AND WAS "

I agree with the lawyer.

Go to www.va.gov and click on the Contact Us thing and fill out an IRIS Inquiry form.

Ask the VA for a email response or snail mail and print it off when it comes. This way you have a hard copy status of the circumstances of the CUE claim.

The CAVC only address issues before the court. BVA only addresses issues before the BVA.

This CUE claim had to have been filed against the entity that made the CUE.

[mos1833]

BERTA, THE CUE WAS ON A 1985 DECESION , THE ORIGANAL CLAIM.AT THE RO IN SALT LAKE.

I JUST MEET WITH THE VA, AND STARTED AN INQUIRY,I ASK THEM TO RESPOND THROUGH THE MAIL, SO I GUESS ITS WAITING TIME NOW. THANKS AGAIN