How Do You Instigate A Cue Claim &

[Guest Jim S.]

Well, I knew it would take awhile, but I didn't plain on denials across the board. They didn't even give me the C&P I had asked for and my VA Rep had asked for with assurances that they would. Of course that was a Verble assurrance that they would conduct one to get a deffenative answer on my problem

What I need to know now, is how do I present my CUE claim that I have been working on, it seems that this is the only way I am going to prevail. Who do I send a CUE claim to and/or where tp send it to?

I want to know, since the last time I sent a CUE claim to the VARO, they took as a claim to reopen and didn't seem to know what a CUR claim was.

I am at the stage that my claim to reopen was denied, due to no new and probative evidence to use to make a case for.

My CUE claim is pretty spacific and I believe it would go further than my claim to reopen did.

I just want to make sure that the CUE claim gets to the cottect place, I can't trust the VARO to forward it to the correct place.

Jim S.

[Pete53]

Berta,

I wish I knew more and wasn't so new to all of this. My DIC claim was denied by RO in 1990; appealed in 1991; remanded by BVA 1991 and again denied by RO in 1992.

Later in 1995 I wrote to The President who forwarded my letter to BVA and in 1995 I received statement that they had received the request from The President, reviewed the RO decision and that the denial would stand.

Where does that leave me? Do I reopen the case? File 1151? File a CUE? I'm in possession of ALL documents and medical files, all correspondence relating to the case (VA, BVA, President etc) but am confused.

Thanks,

Judy

Wow!!! I think that you are going to need to reopen with new evidence unless you can show that there was Clear and Unmistakable Error in 1995.

Good Luck

[john999]

Pete

I can't seem to find the form on the web for Housebound to download it. Do you know where it is? I am going to try it I think. I will take the HB form to my primary doctor and see if she will fill it out for me to start the process. What is the form number?

[Berta]

Judy- you need to get a good service officer to assess whether you have a basis for CUE-all of the info you need on that is here too-

You need to re-open the DIC claim as Pete said- with "new and material evidence".

Have you formally re-opened yet?

Dr. Bash's IMO -if it does support either a Section 1151 (which also would have to be formally filed at the RO) or direct service connected beath- will be "new and material evidence."

Also Dr. Bash should have a copy of their last denial as to the Reasons and BAses- from the BVA.

Do you have the citation number or docket number of that denial? It is public knowledge- if we have it and can get it from the BVA web site maybe we can help more- Dr. Bash should definitely be given a copy of it.

[Pete53]

Hope this works.Hope this works.

21_2680.pdf

[john999]

Pete

It worked. Thanks!

John