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!

[broncovet]

I agree with PR and Berta. It takes VA a month to get back and forth from the water cooler, let alone do any actual work on your CUE. I also think its pretty funny to write to VA and tell them, "Gee, its been a month, what is happening with my claim?"

My hope is that the VA employee payroll would treat them the same. Oh, gee..you say we messud up your pay? Well, we will try to get that straightened out, pronto. What plans do you have for the year 2020?

[vern2]

I have been corresponding regularly with Ms. Kitty since Ms. Hickey intervened. I used to be patient, but after 12 years, if VA does not respond quickly, then I pursue the matter. My prior CUE did take over one year with me being patient, but no more!

My CUE is based on VA disregarding material evidence that sent to them in their denial in 2013, so over one year has elapsed. The VA ignored one years evidence, over 400 pages in deciding my claim, in spite of me sending certified mail, telling them of the evidence. I have a strong case IMHO.

Yes, I did file a NOD as well. used their form as well as plain letter.

[Berta]

Yes you have a strong case of CUE against an unappealed decision.

Violation of 38 CFR 4.6.

[vern2]

Ms Kitty read my email, always do rr ( READ RECEIPT) which shows the time and date that the person reads the email. She does the same thing in her email traffic to me. May take a day or two for her DRO team to formulate a response. An admission that they were wrong and did in fact commit a clear and undebatable error would be a good first step! Will keep everyone posted. I will upload my CUE letter in near future. It is not a template, but does have the necessary verbiage to state my case.

[vern2]

Yes you have a strong case of CUE against an unappealed decision.

Violation of 38 CFR 4.6.

yes, I decided to go ahead and file the CUE, since over 16 months filed NOD, do not want to wait much longer, due to my health., Ideally, should wait until formal denial.

[vern2]

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

I do not know, but I have always received timely replies to my emails to Ms. Kitty, Director of St. Petersburg VARO. In fact, she usually responds via email and then has a senior member of the appeals team contact me.

This just happened today. Another tacit admission that my CUE is valid when Kelvin admitted that there were problems with my claim back in 2013, as evidence I submitted in 2013 was not reviewed by the VSRS in arriving at the decision. As to emailing lower ranking employees, such as Kelvin or others, I would not advise it. Start with Director and they will get someone assigned to look into your question/claim.