Timeframes At The Va For Cue Claims

[jfrei]

Apparently the Monday morning workload has nothing on it for a CUE filed appeal pending at the regional office.

Date of Progress Progress Progress Office 11/14/2014 Local VA Office Decision RO 12/22/2014 Notice of Disagreement (NOD) RO 04/22/2015 Appeal Pending

RO

So has anybody had any experience at the Philadelphia regional office to see if this will be a few more years of frustration?

Edited June 8, 2015 by jfrei

[Berta]

Philadelphia VARO ( due to a Nehmer claim I had) adjudicated my 2 CUE claims before handling my AO IHD death claim.

One was filed in 2003 ( 1151 stroke) and one was filed in 2004 (IHD). The IHD claim was contingent on a proper AO award.

It took 3 weeks after they began working on the claim to award those CUEs.

(Something happened first,in Dec 2011) that caused the sudden rush)

they had sat at the Buffalo VARO from 2003-2004 to 2011 at that point. I had filed a timely NOD.The CUEs were set for BVA transfer and I asked in writing that Philadelaphia adjudicate them because they were filed prior to the AO IHD claim, and one was contingent on that claim.

SInce then the Philadlphia VARO has had lots of problems in the news....

http://www.hadit.com/oig-finds-mismanagement-and-distrust-impede-philadelphia-pennsylvania-varo-operational-effectiveness/

In Fall 2012 I filed CUE however on the Philadelphia decision. They rated for 6 months but forgot to rate additional 16 months.

A few weeks ago they awarded the time frame for the CUE but made a statement that" no additional payment was due"...no regulations or reason.

The Director called me up to see if I would accept the 'reason' not documented in the letter.

I didnt. It was absurd. I am still fighting that issue.

It is difficult to even guess how long a CUE claim will take.

Edited June 8, 2015 by Berta

[FormerMember]

CUE decisions are given to experienced raters and DROs because of their legal complexity. It requires good typing skills to enter the metrics into the computer. How else can the M 21 Cray supercooled computer generate the proper answer? This is why the average time for a rating is longer. You have to wait longer for an intelligent life form to examine it.

Edited June 8, 2015 by asknod

[jfrei]

I elected a DRO review because attorney said it might be quicker I really should have started this sooner but was overwhelmed with my at the time in 2012 new baby daughter. Having waited over the one year I think but my claim on the back pile. Although it seems to be moving

11/14/2014 Local VA Office Decision RO 12/22/2014 Notice of Disagreement (NOD) RO 04/22/2015 Appeal Pending RO But I guess it can sit appeal pending for a long time. does anyone know the average of claims the DRO settles a week in Philadelphia/?