Help CUE During NOD DRO

[Losing_it]

Hi I have been lurking and finding lots of useful information, but need help/advice about what has recently occured. I currently have a NOD DRO waiting in line at my VARO with three contentions. For one of the contentions on appeal, the VARO discovered a CUE, sent me to a C&P, rated it, and now are telling me that the CUE claim they have been working was cancelled by management because I can't have an issue that is on appeal be corrected via local quality error correction!!! Unbelievable that no one saw that the CUE was also on appeal!! I would think with the appeals backlog, resolving anything that can be ahead of the appeal is a good thing as the DRO would have less to work and address! Any help is appreciated.

[Berta]

I think the VA gave you some royal VAOLA  BS.

However, the wording of what they 'said' verbatim within a decision or letter etc will help us more to figure out what they did.

VA usually only calls a CUE on itself when they discover  errors that are detrimental  to the veteran.

That statement means something good or something bad. A denial ,or lowering if an established SC or an award letter.

Can you scan and attach here, (cover C file prior to scanning it) anything you have in writing as to what they "said" from any correspondence they sent, or tell us verbatim what they wrote about the CUE.

I won CUEs on claims in the appeal status.

 

[Losing_it]

I apologize if what I wrote wasn't clear, I was just so furious. I am going to try and clarify as best as I can to help you help me.

Back in 2016 I submitted a claim with three contentions and was denied for two of them, and given a 0% for the other. Apparently, a quality review of the above decision was performed and a local quality error (EP 930) was identified. I believe the error may have been with the 0% as they sent me to a new C&P for that contention.

The local quality error was discovered prior to the VA receiving my NOD (NOD is for all three contentions including the 0%); however, the VA did not notify me of the error. Had they notified me of the error, I could have withheld the 0% contention in question and only submitted the NOD for the non-connected contentions. Then pending the outcome of the CUE 0%, I could have NOD'd it separately if needed.

Fast forward to 2017...

The VA sends me to a C&P exam for the  0% contention and sends the exam results back to the VA. Nothing happened for awhile, so I started digging into what, why, ect the C&P occurred. Someone finally started digging and was able to see that the C&P Exam was a result of an CUE 0%, separate from my appeal. I was also told that the results haven't been touched because the button was flipped so it could move on to the next stage. After this conversation, the button was flipped and my case was assigned to a mission priority team and handed to a coach to assign it to a rater. Before it was sent to the rating board, the Coach pulled the plug on it as he/she realized they are about to rate a contention that is also currently on appeal, which "they cannot do" and had to cancel it. 

 

Summary: VA found an error with my rating decision and started working to correct it but didn't notify me that this was taking place. I submitted a NOD to preserve time and get in the backlog line, and followed VA guidance to file a NOD if I disagree with a decision. The NOD was received after the VA identified and started working the CUE. VA continued working the CUE despite receiving my NOD all the way up to rating board and then tell me never mind, we made another error because the CUE Claim should have been canceled upon receipt of the NOD.

 

Hope this makes sense.

[Losing_it]

A very helpful va rep is looking into this and can hopefully help resolve this favorably. I should know more tomorrow regarding where this goes

[Berta]

"The NOD was received after the VA identified and started working the CUE. VA continued working the CUE despite receiving my NOD all the way up to rating board and then tell me never mind, we made another error because the CUE Claim should have been canceled upon receipt of the NOD."

OK that explains a lot....I would sit tight if I were you as this does not seem to be a bad thing.

Let us know what the rep found out. Do you know if the C & P exam was favorable?

Edited May 11, 2017 by Berta

[Losing_it]

Yes i believe it was.

[Losing_it]

I am sitting tight to see where it will go. whether it is a good thing or a bad thing will be determined whether or not they are going to finish out the CUE (good which would allow to appeal the CUE if needed) but bad if they make me wait years with the rest of the appeal.