Vso Told Me That I Could Not File A Cue Because The 1Year Time Limit Had Expired On Original Decision

[Shyne-I]

Hello all,

I met with a VSO rep who was actually some kind of Vice-president in the Veteran's Service Organization. To make a long story short....he told me that it was too late for me to file a CUE on my 1995 0% rating for sinusitis. Is this true??... It seems so contrary to what I've read here on hadit.

Shyne

[Chuck75]

To late for an NOD -yes

It's not to late for a CUE, if you can prove it. Cue is somewhat difficult to prove.

[Shyne-I]

Hi Chuck,

I posted the basis for my CUE under this forum as VA failing to correctly apply regulation. It looks to be a pretty sound argument, you can read it and tell me what you think...He told me that because I didn't disagree with the decision before it became final, I couldn't submit a CUE.

Shyne

Edited August 1, 2013 by Shyne-I

[Philip Rogers]

He either lied or doesn't know anything about VA law. A NOD must be filed within one yr of the decision. A CUE can be filed anytime after the decision is final, hence the one yr, meaning the one yr has passed, then you can file the CUE. A CUE can be filed up until the date the claimant dies, no matter how long it's been since the decision, as long as a yr has passed and the decision is final.

pr

[john999]

This is why I hired a lawyer for my CUE. I did not trust the VSO at all, and I felt I was in over my head. I needed a legal argument from a professional. Why not run it by a veteran's lawyer? If you get just 10% via a CUE it would be worth it.

John

[Berta]

These guys are correct and the VSO doesn't know what he is talking about.

In 2004 I filed a CUE claim.

The decisions (an award letter) was dated 1998.

The dope VSO I had didnt advise me to file a NOD although he did agree with me that something was wrong in the decision but said,since it was an 1151 issue, VA decides them differently.

I was a dope too and bought what he was selling me and I didnt NOD it, but 6 years later I filed a CUE on it.

The CUE claim was awarded in January 2012 in 3 weeks by a different VARO from the original VARO who held onto it from 2004 to Dec 2011..

John is right:

"Why not run it by a veteran's lawyer? If you get just 10% via a CUE it would be worth it."

[john999]

I just remember a VFW NSO pleading my claim by saying my real problem was that I had a personality disorder. He screwed me to the wall with that statement but I was already SC'ed for ten years for a mental illness. I lost my appeal at the BVA, of course. This was long ago.