OK, the crazy one here, I notice a lot of veterans filing claims of CUE after they get a rating decision or they are told to file a CUE claim after they get a rating decision that they disagree with. A veteran can file a claim of CUE at any time but due to the fact that the VA recently made a decision, Filing a claim of CUE will just frustrate the system and frustrate the veteran. Keep in mind the definition of what a CUE means. According to the CFR a CUE is defined as: §20.1401 Rule 1401.
(a) Issue. Unless otherwise specified, the term “issue” in this subpart means a matter upon which the Board made a final decision (other than a decision under this subpart). As used in the preceding sentence, a “final decision” is one which was appealable under Chapter 72 of title 38, United States Code, or which would have been so appealable if such provision had been in effect at the time of the decision.
(b) Party. As used in this subpart, the term “party” means any party to the proceeding before the Board that resulted in the final Board decision which is the subject of a motion under this subpart, but does not include officials authorized to file administrative appeals pursuant to §19.51 of this title.
3.160 Status of claims.
The following definitions are applicable to claims for pension, compensation, and dependency and indemnity compensation.
(a) Informal claim. See §3.155.
(b) Original claim. An initial formal application on a form prescribed by the Secretary. (See §§3.151, 3.152).
(d) Finally adjudicated claim. An application, formal or informal, which has been allowed or disallowed by the agency of original jurisdiction, the action having become final by the expiration of 1 year after the date of notice of an award or disallowance, or by denial on appellate review, whichever is the earlier. (See §§20.1103 and 20.1104 of this chapter.)
With all of this said, I know that there have been some veterans/widows who have been successful in asking VA to CUE themselves but this is rare and CUE claims can take years to be resolved. In most cases after a decision is made, if the veteran disagrees with it, all she/he has to do is file a request for reconsideration or a NOD. Keep in mind that filing a request for reconsideration at the RO level does not stop the NOD time frame. If the veteran disagrees with the request for reconsideration she/he will still have to file a NOD. Also keep in mind that filing a request for reconsideration at the RO lever is Reopening the claim.
Yes, I fully understand that some of the claims fall in this CUE category but if a veteran has just received a Rating Decision the best action at this time is to file a NOD (Notice of Disagreement) and go from there. By filling a NOD for an EED or for a higher rating percentage should result in the same outcome as filing a CUE except the strict standards that a CUE claim must meet. Keep in mind that the evidence of record and the rating criteria at the time of the original rating must prove that the veteran should have been awarded the EED or the higher rating percentage. I hope this help. The bottom lines are review the evidence and then review them again and remember you have a year to respond to the VA decisions.
My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.
Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.
I do not give my consent for anyone to view my personal VA records.
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pacmanx1
This is my opinion
(a) Issue. Unless otherwise specified, the term “issue” in this subpart means a matter upon which the Board made a final decision (other than a decision under this subpart). As used in the preceding sentence, a “final decision” is one which was appealable under Chapter 72 of title 38, United States Code, or which would have been so appealable if such provision had been in effect at the time of the decision.
(b) Party. As used in this subpart, the term “party” means any party to the proceeding before the Board that resulted in the final Board decision which is the subject of a motion under this subpart, but does not include officials authorized to file administrative appeals pursuant to §19.51 of this title.
3.160 Status of claims.
The following definitions are applicable to claims for pension, compensation, and dependency and indemnity compensation.
(a) Informal claim. See §3.155.
(b) Original claim. An initial formal application on a form prescribed by the Secretary. (See §§3.151, 3.152).
© Pending claim. An application, formal or informal, which has not been finally adjudicated.
(d) Finally adjudicated claim. An application, formal or informal, which has been allowed or disallowed by the agency of original jurisdiction, the action having become final by the expiration of 1 year after the date of notice of an award or disallowance, or by denial on appellate review, whichever is the earlier. (See §§20.1103 and 20.1104 of this chapter.)
With all of this said, I know that there have been some veterans/widows who have been successful in asking VA to CUE themselves but this is rare and CUE claims can take years to be resolved. In most cases after a decision is made, if the veteran disagrees with it, all she/he has to do is file a request for reconsideration or a NOD. Keep in mind that filing a request for reconsideration at the RO level does not stop the NOD time frame. If the veteran disagrees with the request for reconsideration she/he will still have to file a NOD. Also keep in mind that filing a request for reconsideration at the RO lever is Reopening the claim.
Yes, I fully understand that some of the claims fall in this CUE category but if a veteran has just received a Rating Decision the best action at this time is to file a NOD (Notice of Disagreement) and go from there. By filling a NOD for an EED or for a higher rating percentage should result in the same outcome as filing a CUE except the strict standards that a CUE claim must meet. Keep in mind that the evidence of record and the rating criteria at the time of the original rating must prove that the veteran should have been awarded the EED or the higher rating percentage. I hope this help. The bottom lines are review the evidence and then review them again and remember you have a year to respond to the VA decisions.
My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.
Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.
I do not give my consent for anyone to view my personal VA records.
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Berta
Brilliant Broncovet.... I only would change the word 'obscure" to obvious and tell them right in the NOD ,the exact legal error they made, and how it was detrimental to you. At some point in my CUEs
broncovet
Perhaps OUR Nods should be worded similar to this: "I disagree with the RO decision dated 02/03/14 and request a Decision Officer Review on said decision, on all issues. However, there is at
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