Need Opinions

[63Charlie]

Am rated at 0% fro scars.

Applied for an increase.

Had a C&P examination for the increased scar rating.

The DBQ of the examiner clearly pointed out two characteristics of scars which would have entitled a rating of 30%

Instead of granting the increased rating, the VA failed to award an increase and failed to send a written decision notification giving the rationale used for no increased rating for scars.

After calling and sending an IRIS inquiry on the status of the adjudication of my increase, I am told that the VA placed my denial of an increase back into NOD/Appeal queue.

By failing to provide the required written notification/decision letter informing why my increase was not awarded, I have the opinion that the VA committed a CUE

i defer this to the more experienced forum members for advice.

To CUE, or not to CUE, is my question.

 

 

 

[Buck52]

63 charlie

can you post a redacted copy of your denial? what their reasons and bases were in the decision .

black out all your personal info name and claim # ect,,,ect,,

also remember the new skin rating change as of 8/13/18

Make sure the examining physicians take COLOR PHOTOS of every scar in addition to clear and detailed measurements and descriptions to ensure you receive a proper rating for your condition.

source: Military Made Easy''

Edited August 15, 2018 by Buck52

[paulcolrain]

On 8/15/2018 at 7:21 AM, Buck52 said:

63 charlie

can you post a redacted copy of your denial?

this would be best my fellow vet

[jfrei]

This is what they did to me with my TBi in 2010 and then I filed a cue after not reasoning a reason as to why the denied it the judge ends up  at the BVA telling my attorney it’s not a CUE since they never issued a SOC but just the denial. And grants everything on my claim 6 years later so Yeha i think he was wrong since i had a reconsideration denial and a DRO denial as well and because the first one was never done right he said it’s technically still pending so by default cannot be a CUE. I was so pissed but the retro made my anger fade away....

[broncovet]

The problem with filing a Cue on "failure to adjuticate" an issue is because you need to remember:

Quote

VA has an "unlimited time" to process your claim.  

So, if you CUE VA for failing to adjuticate an issue in 1975, the VA can say, 

"Gee, isnt that backlog awful?  We will get to your 1975 claim as soon as we can.  Sorry about the delay, but that is not CUE."  

Then, they send you a denial letter when they "get a ROUND Tuit".  

Time is not on our side, the VA can simply wait until we die to adjuticate our claims, no matter how long it is.  

A CUE error only applies to an adjuticated claim.  A "pending claim" is not ripe for CUE, you can not file a CUE on a claim which has not been adjuticated.  Same with a NOD.  You can not file a nod on an issue which is pending.  

This creates a real legal problem for Vets.  You can consider filing a writ of mandamus for unreasonable delay of adjuticating  a very old claim.  https://www.veteranslawblog.org/writ-of-mandamus/

[jfrei]

Agreed but I do have to say emailing the secretary about my cue claim and Hickey and Ted Ebert sparked something and I received calls From the RO about my then pending appeal which they then took action filed Nod/cue in Dec 2015 claim decided by May 2016 after my emails and calls to case management of course... sending a polite email to Mr Ebert who is in a different role will still help you out if he can

Edited August 19, 2018 by jfrei