Berta Posted November 2, 2015 Share Posted November 2, 2015 (edited) This is Fantastic news!!!!!!And proves that sometimes a Reconsideration Request will work.On my SMC CUE, I too had asked for Reconsideration and got a bunch of BS in reply...they even tried to make up a regulation but could not produce it when I asked for it.In my case the Recon Request just allowed VA to fart around,longer, hoping my NOD time frame would run out .It was won at the Nehmer VARO but ( 2 separate CUE issues) that only took 6 (SIX) years!The worse CUE of all is the one that is never filed!I am Very happy for you!!!!!!!!!My VARO could have easily awarded my CUEs right from the git -go. I sent in all of my legal evidence with the initial CUE claims,along with the rating sheet of the CUEd decision..I hope this encourages others with similar CUE issues.BTW what RO is this ? Edited November 2, 2015 by Berta GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
saxman Posted November 2, 2015 Share Posted November 2, 2015 That's great news, congrats! Link to comment Share on other sites More sharing options...
jefmil50 Posted November 2, 2015 Share Posted November 2, 2015 Congratulations on that awesome news!! USMC 79-85 100% P&T SMC R1 70% loss of use of right arm due to multiple sclerosis 100% suprapubic cystostomy due to multiple sclerosis 100% loss of use of both lower extremities due to multiple sclerosis 30% left upper extremity weakness 30% insomnia with hypersomnolence 10% neurogenic bowel Link to comment Share on other sites More sharing options...
Content Curator/HadIt.com Elder Vync Posted November 2, 2015 Content Curator/HadIt.com Elder Share Posted November 2, 2015 Congratulations!!! "If it's stupid but works, then it isn't stupid."- From Murphy's Laws of Combat Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information. Link to comment Share on other sites More sharing options...
HitemStraight Posted November 2, 2015 Author Share Posted November 2, 2015 Thanks to all for your comments !! I think Bertha is right - “The worse CUE of all is the one that is never filed”. If you feel that you have a CUE and the facts and law are on your side – file it. Remember, my CUE was obvious and a clear example of the law (38 CFR 4.26 – bilateral factor) not being applied. Cover all the bases before filing ! I was reluctant to provide the name of the VARO as I was concerned they might get inundated with emails, however, after some thought, I believe they should be recognized for the great job they did in correcting this error. True, the error should not have occurred to begin with, however, they were quick to realize their error, once pointed out to them, and to fix it in a timely, efficient manner.Too often the RO's are criticized for the difficult work they have to do. I think in this case the RO and the benefits team there should be commended for a job well done.I do not want to identify any individuals I dealt with, however, good job done at Togus, ME VARO. Link to comment Share on other sites More sharing options...
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