CUE decision

[killab2068]

Hello all

I got a decision from the VA on my CUE.  I am attaching my "statement in support of claim" and the VA decision letter, in a zip file.  The original decision awarded me 60% in 2015.  I first put in a NOD, I cancl the NOD and put in a reconsideration(from their advice) and confused the VA.  In their confusion the 1yr time expired making the decision final and I was instructed to put in a "CUE" in order to get the dispute resolve.  So this is where we are now.   Any and all advice/info will be greatly appreciated

archive.zip

[Gastone]

The BVA Appeals Train is leaving the station, get onboard.

You've been thru a DRO, Review or Hearing?  The De Novo Hearing or Review resulted in an EED Denial. Then you filed a CUE Claim, which was also Denied.

Have you or your VSR filed for the BVA yet?

Semper Fi

[broncovet]

I could only read the first page, it says that your cue was denied.  It is possible to appeal the denial of the CUE, and to submit new evidence supporting your cue.  

Unfortunately, when the VA gives us advice and we take it, they are not responsible if it has an unfavorable result for us.  

It sounds like "you" are in that category.  I think that "fixing" this will require professional help, that is, from an experienced VA attorney.  

When you allege "CUE", you should  cite the regulation they violated, and how that error was "outcome determinative". The VBM points out there are more ways to earn an earlier effective date than "just" Cue.  

One such method is 38 cfr 3.156 new and material evidence, if you submitted new evidence "within the appeal period", that is, with a pending claim.  I have no idea if you submitted new evidence in that one year period or not, but it sounds like you MAY have done just that.   \

There are some choices here for you, but the best thing would be to have an experienced person, such as an attorny or Alex Graham read your file and see where to go from there.  

I will not venture a guess without reviewing your file.  An attorney wont do so either.  

[Berta]

I couldn't open any of the attachments.

Make sure you access the info here in the CUE forum. There is quite a bit there to read  but  I agree that you might need an attorney.

I wont be posting replies here to any questions, as I am involved in problem that must be resolved by May 30,2017. A VA deadline. I will be at hadit only to copy from some VA case law I posted here  for an NSO -who might have read it already....and for a potential  vet lawyer who can help with that issue.

You might find the answer you need in the CUE forum....

 

Edited May 18, 2017 by Berta

[killab2068]

These are the files.  Hope you are able to open.

VAdecision2017a.pdf

VAdecision2017b.pdf

VAdecision2017c.pdf

VAdecision2017d.pdf

CUE Claim Statement in Support VBA-21-4138-AREBERTA.pdf

[Berta]

I cant help you, I am here ,and saw  this , because some individuals are reading a thread here as guests, right this minute, that involves something I need to spend my time on,....when it gets resolved I will be back at hadit.