Another CUERINO!!!!!!

[Berta]

"This alone is 75,000,000 dollars of money which should go to Vets squandered on unnecessary lawyers, when a sharp GS8 should be able to look at 70 percent of these and say, "gee, that is cue, pay the Vet", after reviewing the file for 30 minutes."

That was exactly my point when I wrote to former Sec Shulkin as to a Fast Letter, whereby CUE would be considered before the claim was officially decided and a Fast letter could have gone to any rep on the POA as well. I referred to my own C file as proof of what I meant and the fact that veterans are forced into filing CUE claims more than ever as the BVA web site reveals.

This is what the Secretary's office said I had input into:

 

"The Veteran Appeals Improvement and Modernization Act of 2017 became law on August 23, 2017 (Pub L. 115-55). It is also known as the Appeals Modernization Act. You can read the law in full on Congress.gov.

 

The new law will:

• Modernize the current claims and appeals process

• Include three review options for disagreements with decisions

• Require improved notification of VA decisions

• Provide earlier claim resolution

• Ensure you receive the earliest effective date possible

•  

What are the new options for review?

You have three options for review:

 

"Option 1: Higher-level Review

Your claim is reviewed by a more senior claims adjudicator and involves:

• A higher-level de novo review (new look) of the decision
  • No submission of new evidence allowed
• The possibility of overturning the decision based on:
  • A difference of opinion
  • A clear and unmistakable error

The reviewer, who identifies or learns of a duty to assist error, can return the claim to the regional office for correction. You or your representative can request an informal phone call to identify specific issues."

https://benefits.va.gov/benefits/appeals.asp

Legal errors and DTA errors can and should be discovered early on in the claims process.

Much has been written by NVLSP and other vet attorneys on what is or isn';t CUE.

One thing has to be stressed- a CUE is based on established medical evidence in the record at time of the decision being Cued.

We have had at least 3 or 4 widows here alleging CUE in decisions that did not regard established medical facts.