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Cue Legal Beagles-


Berta
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http://www.va.gov/vetapp92/files3/9222216.txt

I found this case to make a point to Angela's post -

and it is interesting-for anyone with a CUE claim-

The BVA got the case in 1992 and due to finding of CUE the veteran was awarded 10% by the BVA for over 20 years retro back to the 1972 erroneous VA decision.

This is a good example of a successful collateral attack on a past ,final VA decision.

There are many successful CUEs awarded at ROs, BVA, and even the CAVC.

Often the BVA might dismiss a CUE without prejudice as the veteran has not been specific enough in it- yet that gives the veteran another chance for CUE.

CUES on BVA decision-I suggest getting the VBM to prepare this type of CUE as it could have been subsumed by a prior BVA decision-

I think the Motion that someone at VARO filed on my behalf at the BVA might be in this situation-something subsumed already-the BVA has no idea what decision this Motion was filed on.

Neither does my vet rep or anyone at 800#.

If would be ironic- after all the years I have been a claimant-in the 1980s, the 1990's and since 2003-if the

MF- the Mysterious Force themself (the one who always removes my evidence from the c file)

had filed this Motion at the BVA -in my behalf.

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Berta,

That would be great to find out someone in VA had filed this on your behalf that many years ago and now it could come into play in your favor. I'd love to see you

awarded some more retro. What wonderful payback this would be. We all know the only way it bothers VA is when you get them in the pocketbook as they

never admit their mistakes -- well that is if the mistake is in their favor then they jump right on it. I've got my fingers crossed for you.

carlie

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  • HadIt.com Elder

Berta and Carlie

How long does it take to get a denial or approval of a CUE claim at the RO level. I am filing one soon regarding the fact that the VA had medical evidence in their file ( an IMO) that if they had concidered it would have meant a much higher initial rating for me. I have the initial decision and nowhere in it does it mention or list my IMO. I am just going to file and see what happens. If the CUE is just like any other claim then I am probably looking at a year to 18 months.

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My present CUES at the RO were filed over two years ago.

They are working on them now.

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  • HadIt.com Elder

Well, I wont' hold my breath then. I think claims are getting longer to have rated than even a few years ago.

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Maybe the time it takes for a decision depends on which regional office you have to go through. Mine is in Houston, TX. I submitted my initial CUE request in Dec 05 and received the RO's denial in March 06. Sent in my NOD in May. Haven't received a response to my NOD or a statement of case (SOC) yet. I hope they change their decision based on my NOD (which they can do), but I'm not going to count on it.

I'm still gathering BVA and CAVC decisions to support my CUE argument and anything I can think of that they may come up with to deny.

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This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 

 

Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

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