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To VA Sec Re: CUE
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Berta
If anyone is interested:
This is part of my letter to VA Secretary David Shulkin
I suggest that a Fast Letter be prepared to go to all VA Regional Offices and all Veterans Service Organizations, stating that:
Upon receipt of any Regional Office decision that contains a valid and legal CUE (clear and unmistakable legal error) either due to a violation of the VCAA ( 5103 Waiver) ,thus a due process violation, that caused a CUE to occur in the decision, or due to the wrong diagnostic code on the rating sheet or due to any failure to consider probative evidence the claimant has supplied to them, or any other legal error that was detrimental to the claimant, the claimant and/or their POA representative should file a CUE claim immediately,under auspices of 38 USC 5109 , asking the VA to correct the error.
The Claim must conform to CUE criteria as to identifying the exact legal error and how that error is detrimental to the veteran.
I suggest as well to add this:
The traditional NOD one year timeframe will stop until the CUE claim is decided.
The traditional NOD time frame will only begin upon receipt by the claimant and their POA of the decision on the CUE, that will include full appellate rights.
One cannot prepare an adequate NOD when a decision contains a CUE to their detriment.
(NOD Notice of Disagreement)
The rest of this letter involves some of my personal experiences to support my suggestion for this type of Fast letter ( I pointed out how this tactic has worked for me regarding decisions I filed CUE on immediately,with success and also what I wrote to President Trump about already,regarding other issues.I have other ideas to reduce the backlog as well......I also dropped a dime on my VARO Director for her ridiculous rendition I mentioned here before, and the 13 pieces of evidence they verified they had but refused to consider in one of their last decisions.She had no regulation nor any evidence at all to support her ludicrous attempt to deny me not only my VCAA rights but also a proper decision.This CRAP has happened to me since 1995 at this VARO, I fought back time after time until they did things right, and if they expect me to sit on my thumbs about this error , they are suffering from an illusion.
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