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Jurisdiction Of C&ue

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RodnAnn

Question

My Vietnam veteran husband is at 50% SC for PTSD & has been since 2008. 1990 was the first time he filed a claim for PTSD & he let that claim become final. Again in 2002 he filed a claim for PTSD & when he was denied he did not appeal and that claim became final. At the time of the 2 claims mentioned we lived in Alabama. So these claims were decided in Montgomery, AL. After moving to Mississippi, he got his claim re-opened in 2008 by submitting new and material evidence. That claim was decided in Jackson, MS. In July 2012 he filed for an EED on his 2008 award for PTSD( which at the time was at 30% ) to include C&UE & to extend back to 2002. At the same time he had an appeal at the BVA for an increase to 100% for the PTSD. When they ruled on the appeal in November of 2013 they mentioned the C&UE:

" the issue of whether clear and unmistakable error was committed in the prior final rating decisions of November 1990 and November 2002 has been raised by the record , but has not been adjudicated by the RO. Therefore, the Board does not have jurisdiction over it and it is referred to the RO for appropriate action."

My question is "Has anyone experienced a similar situation and can anyone give us any insight to where the claim for C&UE ended up?" We don't know where to go for answers and we really don't understand what this statement means. Is the claim for C&UE at the regional office in AL or MS?

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Yes, that would be the right RO to send it to.

I think this is Fabulous and we should use this as another great CUE claim template...there are a few other templates here here.

I would only change one thing , the word detriment on page 2 to detrimental....

And I think that might have been my error.....in a reply here to you .......

You DID GREAT and I commend you for helping your husband!!!!!!!!!

And I will be astonished if the VA doesn't award the CUE....!!!!

Sorry for that typo on detriment if I made it....

Once I typed something for my husband's claim on an old Brothers typewriter decades ago and just as he was going to sign it, and mail it I realised I had typed 'disabled' in the letter

as 'disballed'....

I said oh S----T honey, let me fix that typo but he said No Leave it. The VA has made me feel completely disballed.

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Berta,

Thank you for giving me and my husband a good laugh!!! We needed that! And thank you so much for all the time you spend on here giving such great advice! I will change detriment ( I think that was my error) to detrimental. I will keep you informed of how it goes.

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  • HadIt.com Elder

Why was the 1990 PTSD claim denied? If it was denied for lack of stressor that might be CUE number one.

John

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Hello to all,

VA refuses to recognize claim as CUE! Below is a copy of what appears on my husband's ebenefits account. It took a little while for this to sink in to me that this is the CUE that we had sent to Montgomery, AL in April of this year. Then when I talked to someone at the 800# he informed me that no matter where you send a claim it is always sent to your home state's regional office.One thing that threw me off was that he has a recent claim in for increased evaluation of his PTSD. I have no clue how to make the VA see this is a claim for cue! I have spoken to two reps at the 800# and stressed that this is a claim for cue.The VA is treating it as a claim for an earlier effective date. What else can I do to get them to see that it is cue?

Details of Your Claim

Claim Received: 04/11/2014
Claim Type: Compensation
Estimated Claim Completion Date: 04/03/2015 to 11/19/2015

Contentions: PTSD (New)

Claims Status Process

Skip the Claims Process and go to the current phase.

Next Steps:

We will review all available evidence and make a decision on your claim upon receipt of all requested information as outlined in the headings, "What Do We Still Need from You?" and "What Have We Done?".

Several factors will determine the duration of the "Development" phase, including:

· type of claim filed

· number of disabilities you claim

· complexity of your disability(ies), and

· availability of evidence needed to decide your claim.

Additional Details

· Your Designated Power of Attorney

· Regional Office of Jurisdiction:

Jackson

· Send Documentation To

Department of Veterans Affairs Regional Office
Regional Office
1600 East Woodrow Wilson Avenue
Jackson, MS 39216

Upload Documentation

What Do We Still Need From You? Your Attention is Needed

· Automated 5103 Notice Response

Date Requested: 05/30/2014
Due Date:
06/29/2014

I am thinking of sending this letter to VARO in Jackson, MS. Any thoughts?

To whom it may concern:

I would like to establish the fact that my claim that was received by your office on 04/11/2014 is a claim for CUE

The first line in my claim dated 04/07/2014 reads: THIS IS A CLAIM OF CLEAR AND UNMISTAKABLE ERROR UNDER AUSPICES OF 38 USC 5109A.

It is my hope that you will give me every consideration afforded to me under the laws that govern this decision.

Respectively,

Date______________________

Edited by RodnAnn
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