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dismissed CUE


jfrei

Question

I was granted my appeal but wish the VA could admit they F@$!ed up. The judge said 2011 they never issued me a SOC to technically my claim was still pending and there is no merit for a CUE claim. Yet they were able to deny my claim again in 2014 and 2015. How did they not even look at what the judge did at the RO, they are my reason my anxiety is a problem now? I really wish i could file a claim for wrongful denials.

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Can you give us the Docket #?

Does the BVA decision state these words:

" the
claim is reopened, and to that extent only, the appeal is
granted."

Or does it specifically state what the award is granted for?

Where is this claim now? Do you have a status?
 

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never mind..... I searched and found you posted under different topics.....

if I have time later, I will try to find them.

I assume this is still at the RO under a Remand?

 

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Ms berta

I was going to try to move all these post into one post but this poster has 4 different post  all about the same subject matter but diffrent headings, so it would be hard to move his post into one post.

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Sorry scatter thoughts they said based on the October 11 2011 Yet to produce a statement of the case it has yet to be final do there could be no CUE claim. I was just mad and b thinking how when they denied it again in 2014 and the dro 2015 no one mentioned this b in there decision. My appeal was for service connection of my tbi. Once I sunmitted the forensic report I had done my appeal moved extremely quick my docket was 15-45 ×××. 

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Service connection was granted for my tbi CUE claim dismissed apparently it was still pending from 2011 not issuing a SOC.

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It sounds like the judge has given you a hint on how to resubmit the CUE, however, now the VA has to reopen due to new and material evidence and give you the Benefit of the doubt.  You need to make sure:

1.  You get a decision from VARO deny or granting the reopening of said claim.  This would include the issuance of a SOC, if applicable.  

2.  If the reopening decision is unfavorable, then you should appeal it.  

3.  If your benefits are ultimately granted, then you should get an effective date consistent with

38 CFR 3.156.  That is, you should get the effective date of the date of reopening of the claim unless it was reopened within a year of the decision.  If within a year of decision, you should get an effective date back to the begininng of the appeal period.   Finally, you should get the effective date of the date you applied, if it was new service records.  

 

This is not particulary bad news, and may even be good news, in regard to the effective date.  From what you said, this will force VARO to reopen and issue said decision.  

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