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marina53

Will filing another disability claim set back CUE

Question

My husband filed a CUE which will probably be another year or two before it even gets assigned a docket number and goes to Washington.  In the meantime, he is thinking of filing a disabilty claim which would not change his schedular rating, but would add some SMC to his monthly compensation.  In the past, his attorney told him not to file anything new till the CUE gets decided because any new claim would knock his CUE back to the beginning. So, my question is, would opening a new claim or reopening an old claim actually set his CUE back years?

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I recommend you take your attorney's advice...He knows way more about your claim than we do.  

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I disagree with the attorney.

I had CUEs filed in 2003-2004, that were not set for BVA transfer until early 2012.

The Nehmer VARO was working on my AO IHD death at that point. 

Also I had numerous other issues that were filed after the CUE claims above.

One of them was my AO DMII death claim -awarded in 2009.(a re-open)

I advised the Nehmer AO VARO that my CUEs were sit at my AOJ VARO-Buffalo, and not transferred yet to the BVA and that those CUEs were contingent on/( as they would impact on)  the AO IHD claim.A new claim when the new AO IHD regs came out)

But the strongest I made was that they had been filed years prior to my 2010 AO IHD claim and should be addressed first.

The Nehmer VARO awarded those CUES as well as the AO IHD claim.It  took them mere weeks to award them and the IHD AO claim once they began to assess the evidence.

If your lawyer wants to question my advice here ( let him read my reply) I can contact him/or her off the board. I might even know him.

.

 

 

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And ask him for the specific regulation in 38 USC,CFR, M21-1MR that would support his rationale.

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trust your attorney they get paid for knowledge and laws free advice is good

but always best to trust your attorney.Evidence wins claim but EED of claims

is a different game . Sounds like your cues was from a DIC claim and not a VET CLAIM

for benefits its a different claim all together Dic & VA benefits but you won that's all matter.

Never go against your attorney ask another one what he thinks

 

Edited by porgee

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The veteran is still alive and well.

I stand by what I stated but you had a good reply too...if another attorney will even speak to any vet whose POA is already held by another attorney.

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