What Form is Used

[paulstrgn]

I am filing a CUE based on a decision dated 9/24/2018. With the new rules what form am I supposed to use to file a CUE? I had originally submitted in a letter format but I am thinking it will either be rejected or ignored as correspondence.

Thanks for the help in advance.

[GeekySquid]

On 7/20/2019 at 11:17 AM, asknod said:

refiling

should those of us preparing to file a CUE going forward use the 526EZ and avoid this problem?

not a refiling, but on first submission of a CUE.

Edited July 24, 2019 by GeekySquid

[Vync]

1 hour ago, GeekySquid said:

should those of us preparing to file a CUE going forward use the 526EZ and avoid this problem?

not a refiling, but on first submission of a CUE.

Thanks for asking this

[paulstrgn]

@asknod Alex sorry to ask again. I just called the VA 800 # and they told me that nothing will happen to the CUE I faxed in on 7/11 won't  be looked at because I did not use a form. I told them I will send in the form 526EZ and they said no, I need to use form 21-0958 Notice of Disagreement. Is the VA wrong about which form I should use?

As always I thank you for your willingness to share your knowledge.

[GeekySquid]

4 minutes ago, paulstrgn said:

I need to use form 21-0958 Notice of Disagreement.

where in the forms instructions does it demand this form be used for CUE is my question.

[FormerMember]

There is no accepted CUE form and never has been. If VA refused to accept your submission, file a 958 NOD demanding they do so. By law, they would have to issue a SOC to explain to you why they cannot accept it. See also §19.21; 19.30; 19.34. I suppose you could also file a HLR and demand they accept it or even file a 10182 NOD to the BVA demanding they adjudicate or explain why they are depriving you of due process.

The next step is to file an Ex. Writ at the CAVC and demand the Court order the Secretary to accept the original CUE filing. Sometimes we have to bitchslap them a few times before they look in the M 21 crystal ball and figure out how to implement their own rules. The problem is the new AMA. It has fewer instruction on how to address this than a bubble gum wrapper explaining how to chew gum.

Imagine this nightmare. Vet filed a NOD in 2015 with 9 days left after winning a 100% rating for TBI. A year later they say they cannot accept the NOD because the time to file the NOD was March 15th, 1992. We send in a new NOD and asked for a SOC to fight it via 19.34. Then the Vet's former atty. opts him into a HLR in RAMP. In April, they send it back and say sorry-no can do HLR. Meanwhile they cancel the NOD from 2015  and he has no substantive appeal. VA thinks that's hunky dory. I just sent Wilkie a love letter saying we're Ex Writting in two weeks if it is not reestablished. I love to play VA poker. 

And  to Paul Strgn's message- Yes, a 958 is really the wrong form to file any original claim on. In fact, the 958 is dead in the new AMA world along with the venerable 526b. 958s are only to be used nowadays for legacy appeals of decisions that occurred before 2/19/2019. The use of 958s will officially die on 2/18/2020 (one year after 2/19/19).

[Berta]

The general consensus here was that a CUE had to be filed on a 21-526 EZ.

I have to file my current CUEs, ( as a widow with an accrued CUE claim) on a 21P-601.

IRIS would know the exact answer.