Claim subsumed

[add55p]

Anyone,

 

I recently submitted a CUE claim for 2 finally closed claims.

 

At the same time, I had an appeal for a claim that was submitted years later for the same condition.

 

VA has informed me that the CUE claim was opened in error and was subsumed by the appeal process.  However, there is no mention of the CUE claim in the statement of the case that I recently received.

 

VA has informed me that I now have to file the CUE along with the Va form 9 appeal because the appeal process for that condition is still open.

 

I always thought that a CUE was separate from an appeal.. any feedback or your thoughts would be greatly appreciated.

 

Thanks..

 

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[Gastone]

"Subsumed," something was "Absorbed or Included."

What issue did your CUE pertain to, is it still open?

Your profile, indicates no SC connection, yet in a previous post you discuss the Commissary Letter. What's your current SC and how about a little info on your open or appealed claims.

Semper Fi

 

[broncovet]

Gastone has it right.  Once an appeal decision is made, this appeal decision has priority over the original decision.  

Since it takes VA years and years to decide appeals and claims, pending claims are "subsumed" by appeal decisions.  

Lets try an example:

You apply for benefits.  They get denied.  You appeal.    Then you file a new application.  

The appeal finally happens.  Your New application is "subsumed" by the appeal decision.  IN other words your new claim is absorbed by the appeal decision.  

YOu may be able to file an appeal on this, if the appeal decision does not address this issue.  38 CFR 3.103 says you are entitled to a written decision:

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[add55p]

Bronchovet,

Sorry, Please understand that I am asking questions not only for myself, but for a few veerans that have questions but do not have internet access..

The particular question regarding CUE consumed by appeal was for knee condition. The example that you give is right on point.   "YOu may be able to file an appeal on this, if the appeal decision does not address this issue.  38 CFR 3.103 says you are entitled to a written decision:".

The cue claim was not mentioned in the DRO decision. Statement of the case ws sent to the veteran with a VA 9.

Should he submit the unestablished CUE claim as an appeal in the newly eceived VA form 9?

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