What Does This Mean On My Pending Cue?

[jcolwell]

The only claim I am aware of is my recent CUE under claims which I submitted with NOD on 30th ... I have never sent anything to the BVA . Any ideas. JC

Details about your BVA Appeal received on no date

• Local VA Office of Jurisdiction: Phoenix, AZ
• Power of Attorney: D - DAV
• Current Progress: Decision & Claims File Dispatch
• Current Progress Description: Your case has been received at BVA, and BVA has mailed your decision to you (and your representative, if any) and will be returning your claims file to the VA Medical Center. Please note that transit times vary, and there may be some lag time between when BVA forwards your claims file to its appropriate location and when that location receives it.

Timeline of Your Appeal

Date of Progress Progress Progress Office 10/18/2013 Local VA Office Decision RO 10/30/2013 Notice of Disagreement (NOD) RO 10/30/2013 Appeal Pending RO 10/30/2013 Decision & Claims File Dispatch BVA Show Fewer Items

What Have We Received at BVA

Date Received Item Received n/a n/a

If you submit any evidence directly to BVA and do not want BVA to remand the case (i.e. send it back) to the local VA office to consider this evidence first, you must send us a waiver. For additional information about waivers, please refer to FAQs.

[jcolwell]

Yes, documents stated it was final. I did not complete any papers for a form 9 nor did I sign one. I was told by VSO he did another NOD to DRO even though that was the first appeal was to DRO. I did not think you could do a second NOD for same contention.

We got new DBQ from cardiologist, and they called supervisor " upstairs at RO " and she said to bring it to her. That is our extent of understanding this mess. JC.

[free_spirit_etc]

If the 30% was granted at the DRO level, how long do you have to file the Form 9? Make sure they don't run you past that date where you lose your right to continue the appeal while this is pending.

Edited November 12, 2013 by free_spirit_etc

[free_spirit_etc]

I think they asked the BVA to CUE themselves, hoping that would resolve it faster.

When you filed the CUE was your claim final? You can't file a CUE on a claim that is not final. The only way for a claim to get to the BVA is for you to file a Form 9 and request it, or for the VA to get confused and send a regular DRO appeal to the BVA.

[71M10]

My ebennies showed a BVA claims Decision dispatch, when the highly trained professionals at my VARO tried to close the appeal, under the deadline for receipt of a form 9. The only problem is they used the decision date (45 days off from the mailing date), and the mail room/VSR's handling mail, were running about a 75 day backlog. I pointed out both errors to them. You might want to send an IRIS asking them to confirm it is still an active appeal and what exactly is the nature of the recently indicated action.