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[Zootopia3000]

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Edited August 4, 2017 by Zootopia3000

[Zootopia3000]

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Edited August 4, 2017 by Zootopia3000
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[Berta]

I agree with Lotzaspotz.........if they have violated 38 CFR 4.6 or made any other Legal error in the decision that caused a loss of claimed comp, they have committed a CUE within the appeal period.

"the denial decision states that a VA examination was negative for eczema or ulceration. However, the VA hospital's own Dermatology department had diagnosed and confirmed stasis dermatitis(eczema) and the VA Wound Care clinic did confirm two ulcerations just prior to my filing for upgrade."

Was that all documented in your med recs? Did VA list it as evidence? was the eczema at a ratable level?

If you have a vet rep, I would ask them to see what they could do ,if the VA failed to address their own medical records you mentioned.

Edited January 27, 2014 by Berta

[Zootopia3000]

On 1/27/2014 at 8:38 AM, Berta said:

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Edited August 4, 2017 by Zootopia3000
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[rpowell01]

Hold the phone .cowboy, If you just received the decision, you file a NOD, not a CUE. CUE is for when the decision is final and over a year old (unappealable/aka your time to object expired.) If it is a recent denial, it is just a "simple" NOD. You could also submit new and material evidence with the NOD provoking a de novo (brand new) decision under 38 CFR 3.156(b) (Evidence submitted within the appeal period is assumed to be related to the claim and must be examined to determine whether it is New and Material). If so, a new decision must be issued along with a SOC if they deny. Then file the Form 9 and proceed to Go! Don't make it harder than it has to be. There is a time and place for CUE but this isn't one of them-assuming your right to appeal it has not expired.

This is exactly right. All appeals must me exhausted first then you can file a CUE. You are better to file a NOD with DRO review (De Novo Review) and let it play out. A CUE is something you want to do after all the appeals are met, mainly after the BVA hearing. There is NO time limit on CUEs, you can file them 10 years after the appeals are completed if a mistake was found by the rater or decision review officer. CUE is a technical term and allows you or your attorney to show cause how the DRO made a mistake. Do exactly what the great asknod stated above and you will be good.

The VA always makes ton of mistakes and those DRO are not trained to be perfect and sometimes there are DRO who just get a paycheck and makes all kinds of mistakes with out a care.

Edited January 31, 2014 by rpowell01

[stillhere]

I wonder if there is some way around having to do a NOD which can take forever or file the CUE while the NOD is working? My thought process is that proofing a CUE as all say is something that we feel the VA did not follow the law correctly and is not just something that a vet disagrees with.

I am going to do some searching around and see. It makes no sense that a veteran should have to wait 1-9 years when there is a CUE right there in black and white. As a matter of fact in my last decision letter I tried to get a better effective date by using a reconsideration and pointing out what I thought they did wrong. In the denial to me the VA stated I would have to file an NOD or a CUE? Now that seems to support that I could ignore an NOD and go with the CUE?

Any comments from one of the pros would help please!

Stillhere