Cue Denied Again

[Hollis]

I filed for a CUE many months a go, more like years now. I even went to my congressman and still no prevail. Last week I was looking at E-Benefits and saw where my case was closed as of 1-6-2015, Saturday I got to brown envelope that contained the official notice. To day I went to my VSO and he was pissed, he said next we should ask for a face to face meeting with the rating officer and have him to explain this rating. So here is my questions to my vet friends. What should I expect at the meeting.2. how should I dress. 3 Should I challenge him and just how for should I do that?

THANKS FOR ANY SUGGESTIONS AND HELP

MERCER HOLLIS BROWN

[rootbeer22]

Hollis:

Maybe you have a good VSO but the VSOs that I have seen have not provided much benefit? Unfortunately, the common issue is that many are not proactive and are reactive for case management - but then it's too late? Also, these days it does not appear that congressional involvement helps much with a disability claim any longer. I'm not sure if it's a respect issue are just that it slows down the system? As for the rating officer, it's all about the evidence or lack thereof and that's were I would spend my time and attention of getting to the bottom of what was missing? Recently, we are finding that there are numerous cases where the Vet thought that the evidence was avaiable for the rating but it was not? So confirmation that the evidence what actually there to make the rating is where I would start. Frankly, you can't get the proper rating if the key evidence is missing in the first place? Besides, upsetting the rater is a no win situation because it attacks the wrong thing and folks seem to have very long memories? Besides, it's well know that the raters are over-worked anyway so why add to the stress for you and them? I'd say that your VSO needs to be very diplomatic and should address the evidence issue -if there is such and issue here...

Edited January 13, 2015 by rootbeer22 (see edit history)

[jbasser]

I really need to see the CUE to advise you.

The RO made the cue in the first place.

I could advise an attorney and a move to the BVA.

J

[Hollis]

ROOTBEE22, THANKS FOR THE REPLY.

The evidence is there, here in short. I was discharged 1970, Ft.Dix NJ. MY discharged physical is showing I have a better hearing than when I went in. Doc show my induction physical showing I had slight hearing loss, but not enough to stay out of the Army. My discharge physical is showing 0'S in all frequencies range showing my hearing was perfect. I asked for a hear test in 1983 and was denied, So not being smart on this I dropped the claim. I asked for reconsideration and was given in 2008 and was awarded a rating after I had a civilian audiology to give me a hearing test and wrote a letter to the VA. Then the VA gave me a hearing test and I was rated for service connection. I have copies of internal memos note telling to cancel my C&P, the reason was not given, just cancel. This and the fact my discharge was fraud and that along could have prevented a C&P, I JUST FELL MY CIVIAL RIGHTS WAS VILOLATED by the VA for not giving me a Hearing test in 1983 and I could have been drawing benefit since then. I hope this put a better under standing about my CUE.

[Hollis]

JBESSER, I am considering a lawyer after the meeting with the DRO. I am also sending the Inspector General of the VA a copy of everything the VA has gotten as well as my congressman.

[Berta]

I felt you had a solid CUE basis Hollis, as I recall, and believe me CUEs often need a willingness to fight back aggressively.

My last CUE claims were filed -3 in 2003 and one more in 2004 and the RO farted around with them and also farted around with my reconsdieration request so I filed a timely NOD.

In late 2011 the CUEs were set for BVA transfer. I was thrilled because the BVA can read, but then my Nehmer claim was due to be adjuducated and I mentioned the CUES had been filed prior to my AO IHD death claim and I asked for a deciision on them....they were still in the C file, not gone to BVA yet.

20 years after my husband had his 1151 Stroke, and 18 years after his death they awarded the 4 CUEs. At the RO level in Philadelphia.In 2012 .

"What should I expect at the meeting."

Perhaps a resolve,. but at least a face to face is a good idea....and then it might take even more time to see what VA will do.

"2. how should I dress. "

Wear comfortable clothes. No need to buy a new outfit.

"3 Should I challenge him and just how for should I do th"

Get as familiar with your CUE and the regs as you possible can. Bring the claim and everything else with you.

Can you possibly scan and attach their decision here? (cover C file # etc prior to scanning)

We could help better that way.

Did you identify the specific regulations they broke in the CUE?

Were the regs and ratings re: audio the same when they committed the alleged CUE?

I was in a f---ing backlog with those CUEs above I had, for almost nine years because my RO (Buffalo) cant read.and they sent me some ridiculous reasons for their denial.

The Phila RO,however, awarded the same CUEs in a mere 3 weeks.

We must NEVER give up.

[Buck52]

A DRO review is a de novo review of the veteran’s entire claims file, which is conducted by a DRO. The DRO has a higher level of decision-making authority than that of a Rating Specialist, to including single signature authority to call clear and unmistakable errors (CUE), and the authority to change a prior decision in the veteran’s favor based on review of the same evidence that was present in the prior decision (difference of opinion).

[Buck52]

Once BVA issues a decision (including a remand), BVA no longer has the authority to act on the appeal. Contact the Appeals Management Center, your local Regional Office or your representative (if you have one to advocate on your behalf).