CUE Motion

[Jangs1963]

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. 

[broncovet]

You mentioned a "V9" form.  This is probably an I9, which is an appeal to the BVA.  

I think its a very bad idea to hire an attorney AND work the claim yourself.  You and the attorney are not going to agree on how its done.  If you hire the attorney, then hire him and let him do it.  On the other hand, if you agree with Berta that you can represent yourself better, then go for that.  Just dont do both.  

As far as your question about ebenefits or VA.gov, I would not concern yourself if those are inaccurate....yours and 20 million other Vets ebenefits are also inaccurate, wrong, or not up to date.  Your attorney should have access to VBMS, while we do not.  It should give a much more accurate picture of what is going on.  This is one advantage to hiring an attorney..he has access to your cfile in real time, while we can never do that, so we dont know how much evidence the VARO has added, deleted, or even altered.  

     

[Vync]

 

The VA should have acknowledged your claim and sent the letter back then. Around April 2019 was when all the changes to the system happened, so that probably added to the confusion. At least you didn't let it sit for years.

 

However, the big question still remains: which form should be used for CUE? Here's what I did:

I tried to look up the correct form on the VA web site, but it is not stated explicitly which form is required. However, when you look on the Higher Level Review (HLR) claim form (VA From 20-0996), it has a section where it asks if you believe an error was made.

I called the 1-800 number several times and got a different answer every time.

I called my local VSO and he told me to use the VA Form 21-526EZ (which is for new claims).

My initial claim was decided in 2000, but it never felt right. I started looking into them casually about 7 years ago. This year I decided to get them knocked out, but didn't use a lawyer. I ended up filing two separate CUEs tied together at the beginning with a 21-4138 explaining the VA web site and 1-800 number failed to provide a clear indication of the exact form needed when submitting CUE for a finalized claim. I submitted separate 20-0996 and 21-0958 forms for each contention. I wanted to cover all my bases. At least in this case, the VA would not be able to say I submitted my CUE on the wrong form. I call about once a week to check the status because the web site status is not very clear.

 

I later called the VA White House Hotline and placed a recommendation that the VA update their web site to instruct viewers which specific form is needed for CUE. There is no good reason why the web site did not have this information. I also did the same regarding how to properly request a copy of my claims file.

[Berta]

Good! There should be a form for CUE-

So many vets are filing CUE these days-

I have filed many but just sent them a letter stating this is a claim of CUE, with the regulations etc and evidence.

However ,widows/widowers, if filing CUE now have to use the new Accrued benefit forms.21P-601

With the new Blue Water Navy situation, those widows (who might never have filed a DIC claim,) will need to file that on the new forms and they can add the accrued claim to it.- If this info changes I will post it here- probably 70 % or more BWN AO vets or their survivors do not even know of the AO victory they received earlier this year.

Even if the widow never filed for accrued within the first year after their spouse's death- if they can prove, with their husband's deck logs, and proof of AO presumptive, they will receive a very favorable EED in some cases, if a past VA decision contained a rating as NSC for any AO presumptive.

 

Edited November 7, 2019 by Berta

[broncovet]

Berta...As always, thanks for your input.  However, Im not sure the OP's question was really answered:

Quote

What (VA form) does one use for a CUE?  

Im somewhat embarrassed, I will admit, I dont know that.  I do know that this poster said it was on the WRONG form (apparently filed by an attorney), so what is the RIGHT form?    

If the attorney does not know the correct VA form for CUE, then how would we know??  As far as I can search, no one has correctly answered this question in the past.  

Perhaps it says so on one of the other appeal forms??  

Confusion reigns supreme at VA, and this is a great example.  The VA really seems to thrive on confusing Vets.   This often forces Vets to say things like, "I was told....".   Whenever I here those 3 words, I usually know something is amiss.  

[Berta]

This question came up before and the consensus is what Vync said:

"I called my local VSO and he told me to use the VA Form 21-526EZ (which is for new claims)."

This was the first post here:

"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. "

I wonder why an attorney filed a Motion of CUE on what seems to be a RO decision. Something does seem to be "amiss" here.

A Motion form is far different from regular claims forms. The 800# is correct in this sense- one can only file a Motion on CUE with the BVA-you dont have a case at the BVA yet-to file  Motion on-

I 'll go over your past posts ,to try and figure this out, but could you scan and attach here the decision you believe holds a CUE?

A bonafide CUE claim could be rectified within the appellate period.Most of my CUE claims were.

No need for an NOD or I-9 appeal.

Cover your C file and name, address prior to scanning it. and please add the evidence list.

 

[Berta]

I only found this post and the welcome post.

What was the date of the decision, if it does not show up on the scan.