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Is this a CUE?

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Sailorman

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Would it be a CUE if the RO failed to render a decision on a claim or defer a contention in its decision? They rendered a decision on all other contentions but failed to address one. 

 

Thank you!

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Unfortunately, even tho I agree with you that its a violation of 38 cfr 3.103, the courts have a name for this:

Its called "deemed denied".  

I suggest you force the issue by:

1.  Applying for the same benefit AGAIN.

2.  Appeal the "deemed denial" of this benefit, citing 38 cfr. 3.103 that you are entitled to a written decision. 

3.  Inquire the status on IRIS of this (unadjuticated) claim, and ask when you could get a decision on it.  

4.  Inquire at the white house hotline, explaining it like you explained it to us.  Check your records to make sure what you say is consistent with the other known facts.  

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