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2NDMARDIVDOC

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?

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Ms berta

 ''does the VA have to notify the Veteran via mail that it did not meet the CUE requirements PRIOR to the notification of whether or not the S/C for THAT perticular issue was awarded??''

I am not sure on this question?  CUE the veteran is basically on his own and the VA  No loger the duty to assit, but I would say yes  here?

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I have no idea how to answer that question.

I don't know what the CUE was filed on ,or when, or how the legal error was defined,or in what decision the error might have been  made , or the date of any subsequent SC award for the exact same disability.

 

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To add, this also might have been considered by VA as  a re-open under 38 CFR 3.156 which I mentioned before here.....too many different threads...dont know where that was.... 

and if so, that would require a C & P ,which I think they gave the veteran here.

And if so ,that might render the CUE claim moot anyhow, and then render a better EED,under 3.156.....which is what I think 2nd MARDIVDOC is seeking........

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Berta, I'm not up to speed in what CFR 31.58 is. Please explain how that pertains to my situation. The original denial was in 02. I did not dispute it until last month. I submitted new evidence as well as some evidence I don't think they used at the time and WAS available. That is why I filed the CUE. If the CUE is denied, is it possible to get an effective date back to when it was denied in 02 even if I didn't dispute it back then? 

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38 CFR 3.156 can be explained to you by others here...

I am taking some time off the board...I have my own claims issues I need  to work on

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