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2NDMARDIVDOC

RETRO PAYMENT QUESTION. PLEASE ADVISE

Question

So just moments ago I found out I was awarded my claim. The effective date however is 11-10-16 I had filed a re-open / CUE on that condition that should have taken it back to 2001. I am seeing the effective date on ebenefits disability summery page. Is there still a chance that the CUE retro money is still alive out there somewhere or do you think I was only awarded back to November of last year when I re-filed the claim??

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I felt you had a very viable CUE or 38 CFR 3.156 claim based on what we knew from your posts..

There are many posts her under your handle but I only had time to find this one:

"Is there still a chance that the CUE retro money is still alive out there somewhere or do you think I was only awarded back to November of last year when I re-filed the claim?? "

Did you file the CUE claim separately from the re-opened claim?

Did you ever post the decision here that you filed CUE on?

Can you scan and attach the CUE claim here? (cover C file, name, address prior to  scanning it)

Was the CUE filed after you filed for re-open? 

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Berta, I will do my best to answer your questions. The re-open and CUE were filed at the same time on the same piece of paper. I cannot attach the re-open decision because I don't have it yet. I just found out the condition was granted an hour ago. It was awarded at 60%. The CUE would have taken it back to Dec of 2001. I filed the re-open / CUE on Nov 10th 2016. The effective date of the award is the November date. There is no mention whatsoever on ebenefits regarding the status of the CUE. hopefully that clarifies my post. Do you think the CUE is dead or could it still be granted even though the claim is now listed as closed? 

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I think that CUE  might have  expired.

It might not have conformed to the CUE criteria I posted here many times in the CUE forum.If it did not conform to the CUE criteria they might have ignored it, if it was not written correctly...

The BVA denies many CUEs beause they dont conform to the CUE criteria in the regs ( 38 USC 5109A)

But it could probably be resurrected and re- filed. I dont know.

The decision will tell more.

 

 

 

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If I have to refill the CUE will it have to through a lengthy appeal or can I do something like a FDC on it? 

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You need to wait for the decision to decide, and see the effective date.  ebenefits is notoriously unreliable.  One important reason for this is the "reasons and bases" for decision.  Many times when I file a NOD, I try to refute VA's "reasons and bases" for decsion.  Or, to look at it another way, if they have valid "reasons and bases" for their decision, then your appeal wont fly.  

In answer to your last question, 

Generally, if you have just been awarded benefits, the procedure is to file a NOD disputing the effective date, as long as you file in the one year period.  

Cue is generally reserved for when you did NOT timely file a NOD.  

However, Berta has had good luck "asking VA to cue themselves".    While asking va to cue themselves sometimes works, the danger there is thinking that as your NOD.  A nod must be filed on a NOD form.  Even if you do "ask the Va to cue themselves" you still want to file a nod before the year is up.  

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