Will filing another disability claim set back CUE

[marina53]

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?

[broncovet]

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

[Berta]

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.

.

 

 

[Berta]

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

[porgee]

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 June 20, 2017 by porgee

[Berta]

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.

[Berta]

To add....although the 2003-2004 CUEs took years to be resolved, in no way did they "set back" my other claims filed after those CUEs. 

One problem was because I had FTCAed them and I won, the other problems involved the Regional Counsel calling a CUE on them for an older claim I actually gave up on. They had to pay me  a little less than 40,000. for that error. And the General Counsel had to contact them when they refused to pay me back an FTCA Offset ( which is hardly ever refunded- I never saw any other case like mine. Neither did NVLSP . The RO  ignored legal evidence from the BVA (all I needed as evidence) OGC called them and the check was in the mail- a high 5 figure award.

I am on my ROs shit list. My last CUE claim took a few weeks from filing to award ( 1151 HBP-in the FTCA forum here.)

I like being on their shit list .....it has given me power as an non veteran advocate because they made multiple errors on every claim I ever had...between my dead husband, my daughter (a vet) and me-the stack of denials that turned into awards reveal how deliberate incompetence can affect any claimant they choose to crap on.  

My point is do not feel they 'set back" my other claims when those older CUEs took so long.I am disturbed by your attorney's advice to you. It is what I would expect from some VSO.

I am filing a formal complaint against the Director of the Buffalo VARO ,who I named to the WH hot line, and have additional complaint against some VSO RO lackey who lied to me and denied me my VCAA rights.

just so you understand that long stretch of years for those older CUEs I had ,is only because my RO has retaliated against me MANY times...giving me excellent evidence that the WH person told me is exactly what President Trump needs to know. And what Sec Shulkin needs to REFORM.

 

Have you posted your husband's CUE here somewhere yet?