Question Pertaining Cue's For Berta

[Sailorman]

Berta I read some time ago about a CUE and Conclusion of Law (I believe) that all decision need to include. I can not locate that posting, I was wondering if you could direct me to that post. I just recieved a decision that did not include any conclusion of law and just need more guidance. Thanks in advance.

[Berta]

The BVA uses the term Conclusion of Law in every decision they make and then they make a statement as to their Reasons and Basis, after the Conclusion of Law statement

For example they used it in a CUE claim here:

http://www.va.gov/vetapp11/Files3/1122693.txt

and here it is in my 2009 BVA award:

CONCLUSION OF LAW

"Resolving reasonable doubt in the appellant's favor, the
criteria for service connection for the cause of the
Veteran's death are met. 38 U.S.C.A. §§ 1310, 5107 (West
2002); 38 C.F.R. §§ 3.102, 3.303, 3.312 (2008)."

I dont recall the ROs using that type of statement but all it means is ,it is their decision and then the Reasons and Bases follow, to explain their decision.

Edited June 18, 2015 by Berta

[Berta]

Maybe you mean they (a VARO) gave no Reasons and Bases for the decision?

I filed a CUE on a decision like that I got a few weeks ago.Actually I think I filed 5 CUEs on it.

The VA must give an adequate R & B for any decision they make.

The director called me to give her version of what the decision meant.

It was ludicrous and not in the decision I got. I already rattled off that problem ad finitum here.

It is VERY unusual for any VA decision to have no Reason and Bases at all.

Can you scan and attach the decision here? Cover C file number, name, address prior to scanning it.

[Sailorman]

Thank you very much, Berta. This is an RO decision, not a BVA decision. I found the decision rather odd that no laws were cited. I guess concluson of laws may not be apllcable to RO decisions

[Berta]

Decisions at any level must be made within the application of VA regulations, laws, and also M21-1MR.

But the VARO doesn't necessary need to cite them ..if they did we would probably all be filing CUE claims.

We can help more if we can read the decision.

And another thing...VA does not want any of us to know too much because that is how we can find CUEs in their decisions.

In the decision I got recently they did award the basic CUE claim it was (I filed it on a 2012 CUE award) for but then said no additional accrued was due to me...with no reasons or bases why. That is a CUE under M21-1MR forget what part, I filed an IRIS complaint CUE on that.with the M21-1 reg here somewhere.

What the director told me (by phone, no documentation) was completely different, and there is no regulation for the R and B she gave to me...which was the first of it's kind in my opinion....because she made something up.

Then VACO got involved and they told me I already got the 22 months of accrued 100% plus SMC, 2 dependents....I contacted the IG as soon as the VA guy got off the phone.I only got 6 months accrued.,in 2012. And the additional payment was for the residuals and my evidence they ignored proves what they owe me.

I cant figure out if I am a fraud victim or an illiteracy victim.

However as Dr Phil says "past behavior predicts future behavior"

I have been thru this VA BS many times and the VA does not need Ms. Cleo to predict that I will definitely get this straightened out.