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Jangs1963

CUE Motion

Question

So in April 2019 my atty. filed a CUE Motion. Today I contact the 800# and was told my CUE Motion is in the file but no action is being taken because it is on the wrong form. Does a CUE Motion override the need to file a form? The person on the other end said my atty. needs to fill out the V9 and submit that. Is that correct? Any help would be greatly appreciated. Thank you. 

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Need more information.  Is this a CUE motion to a board decision, SCL, HLR, or regular VARO decision?  

Berta has done well with CUE, but Im unaware of her seeking CUE AFTER Feb.2019, when RAMP (aka AMA) took effect.  

Previously there was no "cue" form.  

I suspect you could use the SCL form.  Which form did you use??

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I was under the impression it was VARO.  I asked the person why wasn’t my atty. or myself notified if we needed to file a V9? I mean I’m waiting 7 months for a response on the CUE and find out it’s just sitting in my file. I thought it was a pretty cut and dry Motion. Nothing complicated. It was from my initial claim back in 1999. 

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In 2000 I filed a CUE Claim with VARO using a standard form 21-4138 Statement in Support of Claim with many attached pages of evidence and arguments as also part of the 21-4138 form.  Although my claim denied by VARO and BVA I appealed immediately as a pro se (representing myself) appellant with the U.S. CAVC court in D.C.

Today I believe we have to use VA Form 21-526 or 21-526EZ.   I have used both 526 and 21-4138 together in recent claim filings. Berta is probably up to date on this.

By the way I won my CUE Motion/Claim at the court thru a remand they issued instructing BVA to adjudicate my TDIU claim they and VARO failed to do in 1985.  My court case is listed under Appellant AD  with N0. 30-2067 and dated December 23, 2005 and my name was not listed due to my request to the court.  As a pro se non attorney veteran the court grants me/you a great deal of leeway in proceedings before the court.

Edited by Dustoff 11
misspelling and year correction

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Up until this point I have done everything myself and awarded 100% P&T.  Everything I read on CUE was, you get one chance at it. With that, I decided to get an attorney. Only because it is from 1999.  Although I have read everything possible on CUE, I thought my decision was best for me. I don’t understand why it is sitting in my file all this time without some sort of acknowledgement. I am sure it was originally decided by VARO in 99. If I did not contact the VA regarding this, neither my attorney or myself would have known that it was just sitting there all these months. I emailed my atty. and explained to him what I was told and he said he was going to look into it. I don’t see how the VARO can actually deny the CUE as it is all but 7 or 8 pages. That is how clear it is.  My question is, does a CUE show up on ebenefits or va. Gov so I can track it once the issue of how it should be filed is straightened out?

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