How long does it take to get a docket number for CUE case?

[marina53]

BVA website states they are now adjudicating cases with docket numbers to veteran law judges with docket numbers up to May 2015. My case was January 2015 and I still have not heard anything. How long does it take to get a docket number and how will they let me know that I have one? Thanks.

[broncovet]

Something is definately wrong.  Cue normally applies to VARO decisions, not the BVA.  To appeal a BVA decision, you go to the CAVC.  

Now, if you filed a CUE on a VARO decision, got a negative result, and appealed that to the BVA, that is something different.  

VA thinks we are mushrooms.  They keep us in the dark and feed us BS. 

Did you call the BVA and ask them what your docket number is?  What does ebenefits say?  How about VA.gov?

You can try these, then try IRIS, too.  

You can also call the white house hotline.  

Finally an option is to download the Ramp opt in form, and send that in, after you select which ramp program applies to you.  This (RAMP) may be the fastest way.  

[Berta]

Broncovet -it is possible to file a Motion for CUE in a BVA decision.

https://www.hillandponton.com/appealing-a-bva-decision-clear-and-unmistakable-error/

Matt Hill's article here makes this important point:

"It is important to be clear that the motion is not a motion for reconsideration, but a CUE motion due to the fact that a BVA denial of a motion for reconsideration is not subject to review by the CAVC."

I disagree s little on his take here:

 "If a CUE claim is unsuccessful, that is typically the end of the line because a veteran cannot bring more than one CUE challenge for a claim. There are some instances in which a veteran is able to bring a second CUE challenge for the same claim, such as if the denial was for a procedural reason, but because of the general rule that only one CUE challenge per claim is allowed, it is important to clearly bring up every potential issue in the initial CUE motion."

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If the BVA dismisses a CUE claim that was denied at the RO level and dismisses the claim "without prejudice", the claimant then has the opportunity to learn more about CUE and then shape the CUE claim differently.

See Sorakubo V. Principi-

In Sorakubo v. Principi, 86 the CAVC held that a final BVA decision affirming a rating reduction from 10 percent to 0 percent contained CUE because the BVA failed to address the applicable rating reduction criteria in 38 C.F.R. 3.344.

https://vetsbenefits.net/rating-specialist-granting-prior-denied-claims-t53096.html

 

 

[marina53]

The number listed on the BVA website (customer service) just rings forever and then says "The wireless customer you dialed is not available". If anyone has a valid number for the BVA, please let me know!

[Gastone]

You don't get to the BVA Docket Number Intake Assignment until your RO Has Certified your Appeal as complete (all N & M Evidence addressed, SOC/SSOCs completed) and ready to go. 

Have your VSO-Rep check the status of your C-File, has it been Certified and Electronically Transferred to the BVA?

What does your E-Ben site Status of  Appeal say?

[marina53]

My entire file has been transferred to the BVA. It has been certified and electronically transferred there. awaiting CUE decision. I would just like to know if there is any way to get the docket number. I have been told that the docket numbers are highly guarded secrets for some reason and wonder if anyone who has gone through the CUE process has actually been notified of their docket number.

[Berta]

The BVA ombudsman might be able to give you a status:

 1-202- 461-8069

  bvaombudsman@va.gov.