Cues Vs Nods

[pacmanx1]

This is my opinion

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).

© 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.

[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 on the 1998 decision I gave them an estimate to the tune of 60 thousand bucks, as to the detrimental monetary value of their error, I didnt get due to the CUE in 1998.

They did pay about a little over half of that in the 2012 award letter,due to the 1998 CUE, and I expect the rest of the money ,as the resolve of my pending CUE.

I finally checked it....100% P & T plus SMC (to include one wife, one child)for 16 additional months.

(I just realized something.....there might have been another error in that decision as well...

I never received any rating sheet....... and that is where most CUEs can be found....)

[Buck52]

What if Varo sends you something you don't agree / rather a disagree in rating decision or propose to reduce? or timely dates eed or medical evidence ect,,ect,,,

Does not a claim need to be adjudicated before a NOD?

Is a claim considered to be adjudicated after a decision is render?...then file NOD?

NOD would benefit the Veteran , CUE would be VA Error on VA part

I think having so many miscues in a veterans claim slows down the process of his/her claim that's the point here

Veteran has a timeline on Filing NOD Actually there's timelines on just about all claim disagreements 30 days 60 days to one year depends on what your disagreement is!

QUESTION , Ms Berta CUE was addressed but to only half way leaving her CUE pending? how would a veteran know his CUE was completed?

I commend Ms Berta for catching that but most of us vets would not!

Just my opinion and I know I could be all wrong...were all learning here and like MsT mention

''Knowledge is Power''

Edited December 2, 2014 by britton

[Berta]

"QUESTION , Ms Berta CUE was addressed but to only half way leaving her CUE pending?"

To clarify, the VA decided the original CUE claims of 2003 and 2004 in their 2012 award letter.

They awarded 4 CUEs in one...

But nothing was pending , until I filed another CUE claim on one sentence in the same award decision.

That is what is pending. Hope that makes sense.

[Buck52]

yes mam, Thanks

[RUREADY]

a claim cannot be a cue claim unless its a final decision. jmho

a reconsideration yes not a cue claim. I ask my lawyer about asking

va to cue them self on a decision. He say no such thing and who told me

this. I say this and hope it don't get taking the wrong way but I say as I was

told. I guess every claim is also and different but its what ever it takes to win

your claim. But yes I tried everything even cue yourself on my appeals but

still waiting. jmho

Edited December 3, 2014 by RUREADY

[Guest]

I ask my lawyer about asking

va to cue them self on a decision. He say no such thing and who told me

this. I say this and hope it don't get taking the wrong way but I say as I was

told.

This only means that this lawyer is not worth his salt. I argued with my lawyer about my rating decision and my EED. I won my rating decision on a reconsideration and my EED is still pending so it shows that lawyers don't know everything.

Berta's suggestions are great but you better know your stuff like she does or VA will eat you alive. VA love to play word games so if you don't form the claim in a specific way then VA will take advantage of it. Plus they have time on their side. VA has no time limits but veterans do, VA can and often change their suspense dates. VA has no standard of regularity and they have no accountability. They basically do what they want until they get caught.

Edited December 3, 2014 by pete992