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]

who are you asking this question of here?

[Berta]

Bump and waiting

[RUREADY]

if you response than it was for you & carlie discredit me and my attorney saying he dint know

what he was saying but if you call anyone of these VSO, attorneys, private attorney you get the

same answer don't exist. If I'm wrong I will be the first to say, don't just ignore the post after we don't

know what we are talking about. Slow down its not that serious don't get up set its just an opinion and everybody

got one. I wasn't wrong.

[Berta]

"Posted 08 January 2014 - 11:58 AM

First to thank Berta and several of you for advice and support during the dark days of my claim. Briefly: VSO called this am to advise 100 % P and T for IHD with AICD. They are working on the math in DC. . With Berta help we filed a CUE in Oct 2013 since VA DRO did not address the AICD in the IHD claim.

The retro will go back to 8/2010. I was jet engine mechanic in Udorn 1970 and located my colonel who wrote letter to support my claim.

Berta , we used the CUE template that you shared so thank you. I am a RN and have been working on my husband claim for Thailand herbicide exposure since 4/2011. I still have a lot of work to do to get him approved for his secondary chronic renal disease and SC for GERD.

Regards Patsy and Jim :"

This was a CUE Yourself VA claim during the appeal period.

This veteran did not question my credibility and he followed my advise.

It was an obvious legal error in a decision he had just received. The reason it only took 4 months was because he asked the VA to call a CUE on themselves on the recent November decision and sent them the evidence they overlooked. If he had filed a NOD his claim would still be collecting dust without a proper resolve.

He still had NOD time left but used the CUE yourself tactic instead.

I said the regulation for VA to cue itself does not exist.

I made this tactic up.

Because the VA can call a CUE on itself in a heartbeat ,in order to attempt to reduce a vet's comp and pull some crap out of their last award letter and say the award was a clear and unmistakable error,on their part.

If they can do that , so can we.

"but most

VSO and attorney wont even let you file this BS." LOL~!!!!!!

That is why I don't deal with VSOS or vet reps anymore and after 20 attorneys in 1995 in NY told me I could not charge the VA for wrongful death,under FTCA and if I did file those charges ,I would never win.

I did the legal and medical work myself myself and I won.(FTCA/1151)

This thread is no longer productive and I hope one of the mods will close it.

[Guest]

I think this topic has ran it course

Please keep in mind that opinions are great we all have them, but experience is the best. Experiences can be the hardest or sweetest thing in life but they are yours and no one can take them away from you.

You can never say never, someones opinion over your experience wont fly. Also keep in mind that every veterans case is different and every decision is different due to the fact that people are involved and one rater or BVA Judge may have more sympathy/compassion for a veteran's situation and a better understanding of the regulations then others. If a veteran wins a claim, we all win a claim. There is no need to debate that issue. If you choose to go a different route win or lose it is your choice.

[RUREADY]

"Posted 08 January 2014 - 11:58 AM

First to thank Berta and several of you for advice and support during the dark days of my claim. Briefly: VSO called this am to advise 100 % P and T for IHD with AICD. They are working on the math in DC. . With Berta help we filed a CUE in Oct 2013 since VA DRO did not address the AICD in the IHD claim.

The retro will go back to 8/2010. I was jet engine mechanic in Udorn 1970 and located my colonel who wrote letter to support my claim.

Berta , we used the CUE template that you shared so thank you. I am a RN and have been working on my husband claim for Thailand herbicide exposure since 4/2011. I still have a lot of work to do to get him approved for his secondary chronic renal disease and SC for GERD.

Regards Patsy and Jim :"

This was a CUE Yourself VA claim during the appeal period.

This veteran did not question my credibility and he followed my advise.

It was an obvious legal error in a decision he had just received. The reason it only took 4 months was because he asked the VA to call a CUE on themselves on the recent November decision and sent them the evidence they overlooked. If he had filed a NOD his claim would still be collecting dust without a proper resolve.

He still had NOD time left but used the CUE yourself tactic instead.

I said the regulation for VA to cue itself does not exist.

I made this tactic up.

Because the VA can call a CUE on itself in a heartbeat ,in order to attempt to reduce a vet's comp and pull some crap out of their last award letter and say the award was a clear and unmistakable error,on their part.

If they can do that , so can we.

"but most

VSO and attorney wont even let you file this BS." LOL~!!!!!!

That is why I don't deal with VSOS or vet reps anymore and after 20 attorneys in 1995 in NY told me I could not charge the VA for wrongful death,under FTCA and if I did file those charges ,I would never win.

I did the legal and medical work myself myself and I won.(FTCA/1151)

This thread is no longer productive and I hope one of the mods will close it.

The reason it only took 4 months was because he asked the VA to call a CUE on themselves on the recent November decision and sent them the evidence they overlooked....

can this be a cue claim or a reconsideration I thought someone posted new evidence cant cause a cue

Bertha I have nothing but respect for you but I can also disagree with you to I would like to see a decision not a word of

mouth of a cue before a final decision that's all