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Help CUE During NOD DRO

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Losing_it

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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.

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After doing some research myself, I found an Appendix for End Product (EP) Codes and found the relevant information.

Appendix B. End Product Codes and Work-Rate Standards for Quantitative Measurements

http://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ss/#!portal/554400000001018/article/554400000011474/Appendix-B-End-Product-Codes-and-Work-Rate-Standards-for-Quantitative-Measurements

 

930 - Review, Referrals, Other

 

General:  EP 930 applies to reviews and issues where no other EP is applicable and where the appropriate EP credit has already been taken to include the following

 

  • correction of previous erroneous actions (other than those applicable to EP 960) - select one of the following claim labels
    • Correction of Local Quality Error
    • Correction of National Quality Error
    • PMC - Correction of Local Quality Error
    • PMC - Correction of National Quality Error
    • Appeals Control

Actions to take for missed issues or prematurely cleared EPs and corrections of previous erroneous actions:

  • If a subsequent claim is received while an EP 930 is pending for the same contention, process the claim under the pending EP 930
  • If the new claim is for a different contention or claim type (rating vs. non-rating)
    • establish the appropriate rating or non-rating EP, and
    • leave the EP 930 pending for correction of the error.
  • If a rating or non-rating EP is pending, and a missed issue is identified, then establish EP 930 to control the missed issue.

Note:  EP 930 and the appropriate rating or non-rating EP can be pending concurrently in these scenarios.

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I have highlighted pertinent facts and am piecing together the puzzle:

- My original claim under went a quality review and an error was identified

- EP 930 was issued under the "correction of previous erroneous actions" and was labeled as a "Correction of Local Quality Error" in VA's internal system

Based upon the above "Actions to take", it would seem that the EP 930 correction shouldn't have been cancelled as my NOD was received subsequent while the EP 930 was pending for the same contention...

We shall see

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In 2003 and then 2004 I filed 2 CUE claims,on a 1998 decision and I received lots of BS from VA, even a regulation they made up but could not produce when I asked for it...I filed a NOD at the last minute but it was timely. Their rhetoric was just an attempt to piss away my NOD deadline. The CUE claims were perfect.

In 2010,in my AO IHD claim I asked the Nehmer RO to proper adjudicate the two CUEs , as they had just been set for BVA transfer but I had filed them 7 years prior to filing my AO IHD claim and they add to be addressed first as they were also probative to the AO IHD claim.

It took the Nehmer VARO when they got to the Nehmer claim a mere few weeks to award under Nehmer and then to award under the CUEs..

Part of the award however is still wrong- they fixed another CUE about a year ago-denied March 2015, awarded April 2015,because I told them to call CUE on that denial, and I have decided to let Sec Shulkin know of the circumstances of a few phone calls I got from the director of the Buffalo VAR0, whose logic ,unsupported by any VA case law or regulations whatsoever, is  probably causing them Buffalo VARO to deny more widows claims.

It was so bizarre, what she said, that it also reveals her total lack of knowledge re: VA 101.There is more to that for sure, I have evidence ---but my long point here is 

VA is trying to blow smoke up your ass if they claim the NOD is cancelled because of the CUE.

However, if the CUE produces an award (which the RO might well have determined by now,) the NOD would be a moot issue.

I didnt even need to file a NOD on my 1151 HBP Claim above, because they called CUE per my request on their stupid decision.

PS you can also file CUE on a CUE they denied or awarded.

I have already written a detailed letter to Shulkin about CUE in the appellate period.

If you feel they are not doing this right...and it could be an award..so be patient,...let Shulkin know what they did wrong and tell him Berta Simmons ( NY Vet Advocate) fairly recent letter to him explains why the Fast Letter I requested re: CUE in the appeal period should gain his attention  tp help ALL VA claimants. Remind him as I did, that we claimants did NOT create the backlog, the Regional Offices did. I personally have 20 years of proof of that.

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Thanks Berta, I appreciate you sharing your knowledge.

"VA is trying to blow smoke up your ass if they claim the NOD is cancelled because of the CUE. "

It's quite the opposite, the VA is saying that their self identified error they were working is cancelled because I submitted an NOD. So basically:

- I got my decision letter and disagreed with it

- Before I submitted my NOD, the VA realized on its own that an error was made and began working to corrected it, but  I didn't know they were doing this.

-Then I submitted an NOD, again not knowing a correction was in the works.

- Because I submitted an NOD, they stopped working the correction and are trying to say now I have to wait for my NOD for this correction to be addressed.

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I searched here and found that email addy from a post...but maybe the post info was wrong.

Jfrie here and some others got responses from the Sec's office....he would know....

I spent a lot of time trying to find it here------ I need it myself

 

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