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I received a decision on my claim on July 23, 2015. The VARO failed to award me SMC-S for bilateral 30% ratings. (30% each for each hip replacement). I am 100% rated P & T and the two 30% ratings combine with bilateral factor to 56.1% rounded to 60%. I was not awarded SMC-S for these ratings (100% plus 60% additional). This is what I filed CUE on.
I posted back on August 15th the following post:
http://www.hadit.com/forums/topic/63768-va-awarded-smc-s-then-removed-dont-understand-why/ , and I received excellent information and advise from this forum.
I went ahead and developed my CUE request basically stating that the RVSR committed CUE in not awarding the SMC-S based on 38 USC 1114(s) with supporting exhibits included for Combined Ratings Table, Bilateral Factor and the related Statues. This was filed in the form of a 2 page letter request with bold Request For CUE at the top of page 1.
Today, I received a letter from the VARO stating that I must file all claims for compensation on Form 21-526EZ, and they would not do anything until this was done. Also, they did not specifically mention the CUE request. This was basically a form letter they sent me.
I did not think I needed to file a CUE request on a standard form for compensation. This is not a new claim and VA rules state that they should not treat a CUE as such. If I file this CUE again on the requested form, won't this set it up as an new claim? I do not want this!! I am CUEing my recently decided claim .....
Need help understanding this, what I should do, and any comments with those who have filed CUE's recently !!!
I filed many CUEs recently. One denial was reversed in about a month and the other claim awarded the 2012 CUE that claim was filed on, but they said there were no additional benefits so I filed more CUEs on that....
I was told about 2 weeks ago that they would finally read my legal evidence for that...
My issues do not appear on ebenefits at all but are documented in mukltiple ermails to and from the Undersecretary and the Director of my VARO.
"I did not think I needed to file a CUE request on a standard form for compensation. This is not a new claim and VA rules state that they should not treat a CUE as such." I agree with you.
My printer had broke in February and until my PC man fixed me up with a whole new system here, I had to file those recent CUES recently via IRIS, as complaints, with also emails to the Director of my VARO.
Did they fail to consider you for SMC, or did they consider you and then deny the SMC?
"Today, I received a letter from the VARO stating that I must file all claims for compensation on Form 21-526EZ, and they would not do anything until this was done."
Can you scan and attach that letter (cover personal info first)
That letter itself might contain a CUE.
These people hate frontal attacks (CUE). My 2012 CUE still pending grew from 2003 and 2004 CUE claims, that they farted around with until another VARO awarded them in 2012.Luckily they were set for BVA transfer but I got the Nehmer VARO to take jurisdiction over them when they resolved my AO IHD death claim.
I am a little concerned about the way the bilateral factor is combined here:
"the two 30% ratings combine with bilateral factor to 56.1% rounded to 60%. "
Does your rating sheet clearly award the 60%?
Also as I understand these new claims procedures:
I see nothing there that says you must use the 21-526 EZ for a CUE claim.
I sure didnt.
Everything has to be filed on the 526 EZs for the new VBMS system since March 25th, 2015. VA published a directive to that effect in the Fed. Register. Same for the 0958 NOD and Form 9s. Likewise requests for c-files (21-3288). No more SF 8.5X11(white) permitted anymore. We're boldly going somewhere in the electronic world. Remember, Congress demanded we go paperless and Shinseki put down his marker in 2010 promising as much.
I checked my email and found right away one of my CUEs was filed on April 30th 2015 (this CUE reversed their denial on one of the claims,) directly with the Under Secretary and the Director of my VARO via email and it was past the March 15 date above for filing changes and that type of filing of CUE was never questioned by VA.
I dont have the actual regulation for these newer post March 15,2015 filings but someone here will posit it and you can send them back that letter and tell them per the regulations, that they are wrong.
I also th8ink VA made a statement that they would not reject claims that are not filed electronically.....because after all, how many vets do not have any access at all to PCs?
If VA requires electronic filings for every veteran, they should make sure the VA provides every vet with a PC and pays for their internet provider. (which will never happen)
I was wrong, apparently the VA will Reject as Askod said, claims that are not filed under the March 2012 procedures.(claims that are described in the March 2015 regulations)
I got that mixed up with this:
Yeppers and be sure to mail it to the Intake Center for your state rather than to your local Puzzle Palace. They'll just have to forward it if they don't accidentally shred it with the junk mail from Ikea and Cheapo Depot.
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