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Should The Va Have Closed An Old Claim And Opened A New When There Is Cue?
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CBaker84
This part of my review for their FB, but I would love to hear from anyone regarding any of this...
I do not believe that the VA is accurately reporting their claims processing, specifically those relating to CUE errors. Here is why:
In January of 2014, I filed a NOD with the VA because they failed to properly review evidence on my claim. The VA agreed with my assessment and identified the error as being clear and unmistakable (“CUE”). Following this, the VARO in Honolulu asked me to agree to close my pending appeal for this error. They informed me that because my claim was CUE it would be reassigned to a special team that handles CUE claims and that it should only take “a few weeks” to “fix.”
We are now many, many months into this process. The VA opened a new claim in place of my original one, which at this point would have been a two-year-old claim. Doing this benefits the VA and is a detriment to myself and any other similarly situated veteran. Being a new claim our paperwork is put to the back of the stack and is not a priority – when in reality, our claim is still pending, not complete, and however old the initial filing was. The VA doesn’t want a two-year-old claim pending as it makes their reports on processing look worse. So, to their benefit, they killed my proper claim and have this new one processing. It’s a sham. It’s inappropriate. And, it needs to stop.
Does anyone have some knowledge or experience with this? I'm not sure why my old claim was closed. It would have had priority in processing because it would have been a two year old claim.
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