I Have A Question

[rwoods04]

I have a question to what is a CUE. The VA asked me to send in stressors reports to them to help prove my claim as well as medical evidence and statements and they gave me 30 days to do so. While gathering that info I got a letter from them 5 days later denying me my claim stating that I didnot send it in the proper time. Does this sound like a CUE??? or something else?

[Berta]

These are the most updated contacts I have.

There were a few more AVSCMs but I hope you get somewhere with the Director

Winston Salem Director
Cheryl J. Rawls
1-336-251-0703 (Phone)
1-336-631-5154 (Fax)
Cheryl.Rawls @v.gov email

VSCM Douglas Chapman 1-336-251-0854
AVSCM Kathrina Hamilton 1-336-251-0788
AvSCM Susan Long 1-336-251-0777

[Buck52]

That don't seem fair to me, VA not giving you the 30 days to submit your evidence.

[Fat]

Sad...................

[Berta]

It is worse than sad and unfair, it is illegal per VA case law and I think it is one more way we are forced into the backlog,because the more claims in the backlog, the more remands , and the fact that so many claims get denied right from the gitgo for no viable reason, will then insure the more job security for ROs who didnt do the claim right in the first place.

[Buck52]

It must be the ''Newbies'' New employees they let take over new claims.

With no experience or the man power to train them right.eh!

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

[FormerMember]

As long as you are still within the window of the aforementioned 30 days from the date of the letter, submit the information pronto and get it in to one of the two intake portals with a post date of less than the 30 days. Ignore the denial letter for the moment. If you are given 30 days and you can show you complied, it will be easier to win it down the road when you do get to the BVA or the Court arguing a CUE. I saw one like this at the CAVC recently and they bounced it as a reversal because VA did the same exact thing. If it's past the 30 day suspense date already, then you're going to have a problem showing you complied with the original terms of the request. Any time VA pulls this or a similar stunt, ignore the problem and continue with the original request. As long as you timely comply, they cannot hang you with a denial that will stick. It will take time but you'll win. Do this first and then call Bob. Don't let the 30 days expire waiting for something positive to happen.

Remember, if you let the 30 days slip by with no compliance, VA can argue (and win) that , well, yeah, they stepped on their necktie when they prematurely denied you but the whole thing is moot because you never complied in the 30 day window as required anyway.VA calls that harmless error . Lawyers call it estoppel.