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?

[Army247]

Oh my word!!! That's one for the pro's. Please post that question to the forum so the experts can help you. Sorry I don't have any experience on that subject.

[jbasser]

They do this crap. Write a notice of disagrreement and send the evidence in anyway.

Get an attorney now. You can since you have a denial.

J

[Berta]

You could file an IRIS complaint.

That denial is BS.

Go to www.va.gov and click on the Contact Us button, then on Ask a question....

The complaint section is a pop down. Fill that out as directed.

tell them what you told us here. VACO gets IRIS complaints.

Give them the date of the letter and the initials in the numericalphabetic code on the right hand side of the letter,

Give them the date you received the 5103 letter or any other letter asking if you have more evidence to send.Use the initials and date for that as well.

I need to repeat what I have been touting since my last ridiculous experience with Buffalo RO.

On the 5103 waiver, list what you are enclosing or what they have already received.

They sent me one 5103 for 2 claims.

They had also verified by phone that they had this evidence since 2012.

I listed and described each piece of evidence that XXXX XXXXXX ( a VA rep) had verified by phone they had received.

I then got 2 bogus denials.

They did not use any of it.I raised hell.

They reversed the denials and used the one piece of evidence regarding my 1151 HBP claim but still refuse to read my other evidence for the accrued part of the award letter.I have contacted multiple VACO employees and the Under Sec, on that and the director called me to "explain"the denial of the accrued amount but her explanation was so ludicrous, no wonder they didnt put it into the award letter.

A VBA honcho Chief at Comp and Pen looked into it and told me VA had already paid me a five figure accrued award for this specific claim. I contacted the IG, I sure didnt get the money.Someone else did..

Yes, they have committed a CUE...... the regulation might be in M21-1MR but if you get a fast response, you dont need the regulation.

Also tell me what VARO this is and I might have contact numbers for them or you could send an email to their director.

First name (period) last name @ va.gov might get that email to them.

Send them a copy of the IRIS complaint.

You can also try to see if the Under Secretary will help you

allison.hickey@va.gov

Edited June 16, 2015 by Berta

[Berta]

I forgot my favorite regulation:

38 CFR 4.6

I know there is something in M21-1MR about timelines etc but this is the reg you can cite in the IRIS:

as they have violated your rights as to considering the evidence you had already sent to them

This kind of careless crap by ROs is part of how they have caused the backlog..

§4.6 Evaluation of evidence.

The element of the weight to be accorded the character of the veteran’s service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law.

“b. Review of Evidence. Concisely cite and evaluate all evidence that is relevant and necessary to the determination. Rating decisions must evaluate all the evidence, including oral testimony given under oath and certified statements submitted by claimants, and must clearly explain why that evidence is found to be persuasive or unpersuasive. Decisions must address all pertinent evidence and all of the claimant's contentions. “

Source: September 23, 2004 M21-1, Part VI

Change 118

______________________________________________________________________________

                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

PART 3_ADJUDICATION--Table of Contents

     Subpart A_Pension, Compensation, and Dependency and Indemnity 

                              Compensation

Sec. 3.159  Department of Veterans Affairs assistance in developing 

claims.

    (a) Definitions. For purposes of this section, the following 

definitions apply:

    (1) Competent medical evidence means evidence provided by a person 

who is qualified through education, training, or experience to offer 

medical diagnoses, statements, or opinions. Competent medical evidence 

may also mean statements conveying sound medical principles found in 

medical treatises. It would also include statements contained in 

authoritative writings such as medical and scientific articles and 

research reports or analyses.

    (2) Competent lay evidence means any evidence not requiring that the 

proponent have specialized education, training, or experience. Lay 

evidence is competent if it is provided by a person who has knowledge of 

facts or circumstances and conveys matters that can be observed and 

described by a lay person.

[Berta]

sorry, you dont need to use the Chapter 1 stuff, just copy it up to the Change 118 date

[rwoods04]

Thanks Berta for the info, I think I will contact the under secretary and write her a nice email about what has happen, hopefully she can clear the situation up. The name of the VARO is the Winston, Salem NC office.