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]

Berta I respect your opinion, and appreciate the advice you give.  Still, Vets have not had good results, generally, when they hire an attorney and then go against his or her advice.  I think if you lack confidence in your attorney, then you should consider firing your attorney.  I have seen it before.  Someone hires an attorney, then sends directly to VA documents, such as a CUE, and dont even inform the attorney.  If you give the attorney responsibilty for the outcome for your claim, then you usually need to also follow his or her advice and not be filing documents with the VA that the attorney has advised against.  You are correct that a new attorny will not talk to you while you are engaged with another attorney.  You have to fire the attorney and then seek a new one.  And, you take the real risk that you can not get another attorney OR that you could even get a worse one.  

I am in awe of your skills, Berta, but others are generally less persistent, less studious, and less informed than you are and we would be dreaming to expect the same results you get.  

If you go to the job and you have a lower grade of tool, or none at all, you often dont get the same result as someone whith knowledge and the right tools.  You, Berta, have excellent tools, but most of us have tools and knowledge less than yours.  That is why we seek your advice.  As an example, you probably have several VBM's from several years.  Most of us, including VSO's are lucky to have access to one years VBM.  I think mine is a 2012 copy.  I just can not afford the 200 per year or so for the updated VBM, or, I guess I should say I spent the money on other things which are a higher priority for me.  

I still dont recommend hiring an attorney give him complete access to your files, then do something other than what the attorney suggests absent a compelling reason.  I think there is no deadline to file a cue, and I may even file one or more AFTER I see my current claim to fruition.  Im represented by an attorney, and happy about that.  

The first thing my attorney did was to win a remand at the cavc level and get 6000 attorney fees paid by eaja.  This means I wont have to pay the first 6000 in attorney fees.  I like that very much.  I pay only 20 percent on any retro minus the eaja fees paid.  That means I pay zero attorney fees on the first 30,000 of retro, and 20 percent of anything above 30k.