Cue Response Time

[vern2]

Good morning everyone!

I filed a CUE on 6 March 2015 and received by VARO (St. Pete) on 17 March 2015. No response, nothing. Wondering what my next step should be? Thinking of another email to Ms. Hickey, as she has been helpful in past. Sent an email to Kerrie L. Witty, St. Pete Director today and will give this until Wednesday of next week before I proceed.

Funny thing is, had phone call on 8 April from a Kelvin at St. Pete, who denied any knowledge of CUE letter.

Hate dealing with this agency!

[saints13]

I found out from an RO rater that VA has a new regulation for all VA employees to not return any emails sent to them from external people like us Veterans. That's what I heard and my opinion. I'm sure each RO is different

[Philip Rogers]

No offense meant but I couldn't stop laughing when I read your post. It's been just over a month, since you filed it. I would guess it'll be well over a year before you hear anything but I'm just going by how they've handled claims up until today. Are you sure you have a CUE??

pr

[Fat]

Vern2, be careful not to let your one year appeal rights expire while waiting to hear on the CUE.

[Philip Rogers]

Fat - you can't file a CUE until the one year appeal period has run out. The decision must be final, meaning the one year appeal period has expired. Any CUE filed before that one year, will lose, based on the decision not being final. The VA's definition of a CUE and an reasonable & prudent person's definition of a CUE are greatly different.

pr

[Buck52]

vern2

Just curious

What do you base your CUE on? can you give us some more information?

when you files your cue did you get a return sign receipt?...if they lost it then you have proof they receive it.

...................Buck

[Berta]

Just to add, my last CUE filed in 2003 and then one in 2004 took until 2012 for the VA to award .

That is, my last CUE on a past unappealed award letter.

Recently I filed 4 CUES on each of two decision on my pending claims...I won the CUES but as I said before they dont want to pay what they owe me.

These 8 CUes were on 2 decisions I received that contained legal errors so bad that they had to fix them fast.

They reversed the HBP denial to an award but said no money due ...that would be true if the other CUE I filed in 2012 failed but they awarded that too as to the legal erros, , yet again said no money due because the veteran was 100% for almost 2 years but not P & T.at death

I had 13 pieces of medical evidence ,in VA's possession since 1993 ,that said he was P & T.for 2 years due to this 1151 stroke.

The main CUE was that they violated 38 CFR 4.6 by refusing to consider or list my legal evidence.

Any vet with a 100% SC award is P & T at death for that specific SC ,unless the VA cures them completely days before they die.

I think the GCY tactic is great if that is what you intend to use But I suggest making VERY SURE of your evidence before using it within the appeal period.The evidence must be a prime facie Legal error in the decision.

And if they made one legal error, they sure, as in my case ,probably made plenty more in the same decision..

Do not allow your NOD deadline to run out however.

I am still pissed at the logic that even the director. of my VARO tried to convince me of......

We have plenty of vets here with a continuous SC 100% rating..

If they die, how can VA rationally say that the continuous100% was NOT permanent and Total in their lifetime, even if they dont have the evidence I have ,that confirms that fact..

This is why the VA had to grant a posthumous 100% rating for my husband, 100% plus P & T,for his PTSD. up from 30%.The medical evidence warranted 100%.

They completely ignored his TDIU claim. It is still open as far as I know.

Since he was dead he apparently was no longer eligible for VA health care,so no chance of a VA cure for his PTSD, so was totally disabled per their 100 % rating

, and was permanently dead with PTSD .

Same as for the 100 P & T 1151 stroke they caused him to have.,that contributed to his death per VA OGC and the autopsy ,death cert etc.

Idiots

Edited April 18, 2015 by Berta