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jcolwell

Cue Stalled Now What ?

Question

I filed a CUE after rating of 30 % for IHD presumptive for Thailand with AICD . AICD was not rated in my claim. ( NOD from 2011). Claim should have been rated at 100%.

DAV agrees it was rated incorrectly

DAV and RO had me race to get a updated DBQ from my cardiologist last week which they got on Tuesday and it was hand carried to the supervisor of the DRO area by DAV. They said needed to hurry and get this addressed since claim had just closed it would be easy to " rework" it.

That all sounded good to me at time but now it is dead silence from DAV and VA.

Cue is posted on E Benefits to be resolved 7/2014.

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I don't think hurry to the VA means the same things as hurry does to normal people. The July 2014 is probably just what got programmed in, but isn't a real date. I would expect that they will get it resolved much quicker than that.

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when you see dates on the e-benefit site, those dates are all internal dates for the VA. When they pass the given date , they simply add another date. Please, don't get wrapped around the handle on these dates. It does nothing but causes undue, additional stress to an already oblivious situation.

The overall % will be determined on your ejection fraction test results. Do you remember what your results were?

Edited by meghp0405

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Yes.... VA can stall on a CUE ( I waited 8 years to get one awarded)

However ,it appears the VA is working on my 2012 CUE request, as ebennie rep said it was with a specialist.

What I did that might have triggered the "fast" status ,if you could call it that, is that, in my NOD I made the point that

I was formally asking for a NOD extension due to Good Cause ( and referred them to the regs on that and attached the M21-1MR guidelines.)

Also I was formally filing the NOD,in case the extension isnt granted.

And I reminded them that my request that they call CUE on one statement in my AO IHD award letter ,was sent to them prior to my NOD and extension request because,

since the AO Nehmer award letter contained a clear and unmistakable Error, my rights as a claimant have been compromised by that error, and I cannot adequately prepare a NOD without having the error corrected.

Then I stated 'however, once the CUE is corrected, the need for considering my NOD as well as my request for a NOD deadline extension ,will be moot issues, requiring no further action on VA's part.

Maybe all that will help someone out there.

Our ability to prepare an adequate argument on appeal is hindered significantly if the VA makes a legal error (CUE) in the decision we are appealing.

Since the NOD is our first avenue of attack, the NOD has to be based on factual medical and legal statements .

If the legal statements VA makes are wrong, then our NOD is compromised as much as if they make some inaccurate medical statement, (adding potential years to the proper resolve of the claim.)

Remember that 38 USC 4.6 is a powerful tool.

If VA breaks their own evidentary criteria ,by failing to acknowledge probative and significant evidence that they have,(and you can prove they have it) then they have committed a clear and unmistakable error.

And they can fix it fast.....if they want to.......

Edited by Berta

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If this is actually for a CUE - this sounds really crazy -

because Aa CUE can only involve and consider the evidence of record

at the time the prior decision was made.

A CUE can not factor in evidence that was not of record back then, so

what would be a possible reason to hurry up and get this new evidence ?

IMO - This new evidence would not pertain to the CUE.

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Your CUE must involve only the evidence of record at the time and the regulations at the time.

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