As I understand this a vet rep or girl in the rep office filed CUE against VA within the appellate period.
The VA called it, I think, a Reconsideration. When VA makes a CUE that a claimant raises ( or their rep) they dont like to say they awarded the CUE.
They have never stated that in any of my CUE awards...as far as I know.
My SMC CUE award just acknowledged the 2 CUEs I had filed and then awarded them in my Nehmer decision.
There is discussion here that CUEs cannot be filed in the appeal period and I have no need to try to argue with those statements.Some of us are doing that and finding out that YES- a CUE can be filed during the appeal period. My last one or two CUEs were filed within a day or so after I got an erroneous decision.And awarded fast.An award letter as well as a denial can contain a CUE to any claimant's detriment.It will follow them throughout the claims process until someone gets smart. 38 USC 5109 applies to them as well as to us.
This vet above did very well --you have to read the entire thread.It is a recent award.
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Berta
As I understand this a vet rep or girl in the rep office filed CUE against VA within the appellate period.
The VA called it, I think, a Reconsideration. When VA makes a CUE that a claimant raises ( or their rep) they dont like to say they awarded the CUE.
They have never stated that in any of my CUE awards...as far as I know.
My SMC CUE award just acknowledged the 2 CUEs I had filed and then awarded them in my Nehmer decision.
There is discussion here that CUEs cannot be filed in the appeal period and I have no need to try to argue with those statements.Some of us are doing that and finding out that YES- a CUE can be filed during the appeal period. My last one or two CUEs were filed within a day or so after I got an erroneous decision.And awarded fast.An award letter as well as a denial can contain a CUE to any claimant's detriment.It will follow them throughout the claims process until someone gets smart. 38 USC 5109 applies to them as well as to us.
This vet above did very well --you have to read the entire thread.It is a recent award.
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