I have read some posts in here about the RO CUEing itself.
I also read sometime somewhere in the M21 that if a claim had a clear and unmistakable error --the RO should correct the error.
So if you reopen a claim --and point out a significant error made in the adjudication of the original claim (especially failure to adjudicate it at all......but also other errors)
AND the RO acts on that error --and adjudicates it...(or corrects whatever error you point out...
Would that have the effect of possibly arguing for the effective date should go to the original date of the claim?
If the claim was not still pending as unadjudciated because they denied another part of the claim -- but then act on your request to correct their error.... would this revise their original NONdecision?
Case scenario
File claim >> part of claim denied>>part of claim ignored.
Reopen claim >>ask RO to correct error of not adjudicating the part of the orginal claim that they ignored.
If the RO CORRECTS that error by adjudicating it --then could that be a basis not for a CUE (since they corrected the error) but for an earlier effective date based on the original date of the claim for which they corrected the error?
Question
free_spirit_etc
I have read some posts in here about the RO CUEing itself.
I also read sometime somewhere in the M21 that if a claim had a clear and unmistakable error --the RO should correct the error.
So if you reopen a claim --and point out a significant error made in the adjudication of the original claim (especially failure to adjudicate it at all......but also other errors)
AND the RO acts on that error --and adjudicates it...(or corrects whatever error you point out...
Would that have the effect of possibly arguing for the effective date should go to the original date of the claim?
If the claim was not still pending as unadjudciated because they denied another part of the claim -- but then act on your request to correct their error.... would this revise their original NONdecision?
Case scenario
File claim >> part of claim denied>>part of claim ignored.
Reopen claim >>ask RO to correct error of not adjudicating the part of the orginal claim that they ignored.
If the RO CORRECTS that error by adjudicating it --then could that be a basis not for a CUE (since they corrected the error) but for an earlier effective date based on the original date of the claim for which they corrected the error?
Free
Link to comment
Share on other sites
Top Posters For This Question
1
1
1
Popular Days
Nov 9
5
Top Posters For This Question
Vike17 1 post
Berta 1 post
free_spirit_etc 1 post
Popular Days
Nov 9 2006
5 posts
4 answers to this question
Recommended Posts