Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Searches Community Forums, Blog and more

  • 0
2NDMARDIVDOC

No news good news???

Question

I submitted a CUE claim via FDC a few months back. I was granted a C&P exam for the issue. Regional office also requested a medical opinion from the examiner. The exam and the MO was very favorable. The claim is now in the "pending decision" phase. My question is, is it true that if my claim did not meet the requirement(s) for a CUE, would the VA have notified me? I have not received any notifications from them other than the exam. So does that mean they consider the CUE valid?

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

Why do you think a C & P was ordered? No other claims pending, right?

If the above is correct, no Decision on your CUE Filing will be made until the C & P DBQ is reviewed.

Post a redacted copy of your FDC and CUE Evidence of Record, that was missed or not taken into consideration by the original Rater.

I did an FDC 04/16 "Official Request for EED CUE Review" of a 12/15 Award. CUE Award made 07/16.

Semper Fi

Share this post


Link to post
Share on other sites

Ad

  • 0

Gastone,

 I probably did not ask my question clear enough. I realize that a decision of the claim cannot be made until the rater gets the DBQ ect. When I filed the FDC it was a re-open / CUE for a condition that was denied back in 02 when I discharged. I submitted new and material evidence. I know that the claim can be granted without approving the CUE.

The question was this: When I submitted the re-open / CUE and regional received it, if at that time they saw that I didn't meet the requirement for the CUE, would they have notified me that the CUE was dead but they were moving forward with the re-open request?

I don't have the docs you requested with me at the moment. I will try to upload them when I can.

Share this post


Link to post
Share on other sites
  • 0

People ask me all the time:

"What would VA do when x happens?"

The answer is always that VA is not a unified body, and VA will do whatever they please, when they please.  Time and again they dont follow their own rules, but bend them to fit their own preferences.  

We dont know what the VA will/will not do, until after they have done it.  

I do agree with you that, if you the VA had an easy CUE denial, they would have done it, but not necessarily so, given what I just posted.  

VA goes their own way, with no accountability.  Its one of my pet peeves...we should be able to expect VA to follow their regulations, but we cant, and we have to appeal.   The burden is on us to compel the VA to comply with their own regulations.  Otherwise, in a year the decision becomes final...even with the mistakes.  

  • Like 1

Share this post


Link to post
Share on other sites
  • 0

This claim doesn't pass the smell test. Clear and unmistakable error must rest on the evidence of record at the time the decision was made. Further, it has to based on the statutory and regulatory laws at the time of the prior decision. It's impossible to have a FDC CUE claim. You cannot have a C&P exam and add that to the evidence of record in 2002. You can ask for an increase as a reopen on an FDC but a CUE claim must be bifurcated from a request for increase because it seeks to overturn a prior decision based on the evidence as it was know at the time not being before the adjudicators or a gross violation and disregard for the regulation controlling it. Moreover, the result has to to have manifestly changed the outcome. You may win an increase but your decision will not encompass a finding of CUE one way or another. That will be a separate decision based on an entirely different metric. 

  • Like 1

Share this post


Link to post
Share on other sites
  • 0

Bifurcated, sounds painful, can't be good. :-)

Semper Fi

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • How to download the podcasts to listen later
      How to download the podcasts to listen later
      • 0 replies
    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 1 reply
×

Important Information

{terms] and Guidelines