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.

[Losing_it]

Thanks Berta! I was sending it to the wrong email address. What Jfrie listed worked. I am waiting on a response.

 

The VA is now saying that the only way the VA can continue to work the CUE correction is for me to withdraw the 0% contention from my appeal...

[jfrei]

6 hours ago, Losing_it said:

Thanks Berta! I was sending it to the wrong email address. What Jfrie listed worked. I am waiting on a response.

 

The VA is now saying that the only way the VA can continue to work the CUE correction is for me to withdraw the 0% contention from my appeal...

It's cool it's Jfrei lol sounds like the hiccup you were searching for glad to have helped why is it they said you need to withdraw the 0%?

[Losing_it]

I appoligize jfrei.

They said because they cannot work the correction and have the contention on appeal at the same time...so basically one or the other.

[Losing_it]

I now know what the error is:

The 0% contention is comprised of two distinctly separate disabilities, however, the VA incorrectly lumped them together and only addressed one of them with regards to exam, medical opinion, DBQ, and rationale for assigning the 0%. One of the disabilities was basically completely omitted, hence the "New" C&P was for only the disability that was omitted.

 

[Losing_it]

Berta, can I send you a message?

[Berta]

I do not give out my personal info.

The decision will tell you more.