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.

[jfrei]

Can you do me a favor and call the office of case management no one from the 1800 will ever truely help you unless you like smoke blown up ur a$$. (202) 530-9470 call in the morning from 9-1030 they'll pick up usually quick. Please post what you find they will send inquiries and or get the ball moving please post your findings.

[Losing_it]

They are still looking this and what plan of action will be taken from here. It seems there may have been some confusion from what I gathered from conversations, but this is purely speculation on my part as I haven't been told this concretely. However, when speaking with folks at the VA, they initially seem to think that I submitted a CUE claim and a NOD for the same contention (I can't do both in this case). This isn't the case, however, because the VA initiated it (unbeknown to me) to correct a mistake they identified. Once I explain this, they take a closer look and find this surprising and strange and see that what I am saying is true. So it has been acknowledged, now I am just waiting on the information as to a resolution to this situation. 

[Losing_it]

The rationale to cancel their selfidentified CUE puzzled me...

Essentially saying the:

We made a mistake with your initial claim and began to work to correct it, but forgot to notify you of this. And because you did know we were working to correct this error, and you did the right thing by filing a NOD for something you don't agree with, you'll now suffer the consequence of waiting years...

[jfrei]

Is that what they said when you called that number? 

[Losing_it]

No, this information is coming directly from the RO.

[Losing_it]

The rationale to cancel their selfidentified CUE puzzled me...

Essentially saying the:

We made a mistake with your initial claim and began to work to correct it, but forgot to notify you of this. And because you did know we were working to correct this error, and you did the right thing by filing a NOD for something you don't agree with, you'll now suffer the consequence of waiting years...

 

The above is my interpretation, what was actually said is that:

The local quality review and/or work on correcting the CUE should have been cancelled upon receipt of the NOD because a CUE Claim and a NOD containing the same contention can not co-exist per law.