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. 

[Berta]

I can understand with the changes to the forms, that anyone could file the wrong form- however I see do not see why he filed it as a Motion .

When you say" It was filed incorrectly, "did the VA mean the wrong form or that the wrong regulations were used ? 

In this thread Dustoff stated:

"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 "    I cant find the whole post???? But Dustoff has more knowledge in my opinion on CUE then it appears our lawyer has.

What form did he file it on?

Even if it is the right form I dont see how the RO can possibly adjudicate a Motion.

Maybe your lawyer should join hadit. Then again he might not like what I am saying next-

Whatever the reason they kicked back the CUE,  many months since April (I assume that is when the decision being CUED was made) have already  been pissed away, and I feel the CUE should be filed prior to filing the I-9 but there is a year deadline on the 1-9, so they would have to grant the CUE by April 2020- 

BUT I am confused here-When did the decision occur that You are filing CUE on?

You have time to file the NOD I assume....and I would suggest filling the CUE first then the I-9 a few days later....as you have time Deadlines

Or did the lawyer file a NOD already or you did, because that is when a lawyer can be hired- once a NOD is filed-or once the claim is denied..... as I understand it.

 

 

[Berta]

By NOD I mean this form:

https://www.vba.va.gov/pubs/forms/VBA-21-0958-ARE.pdf

The instructions, are in part:

"The use of this form is mandatory to initiate an appeal from the decision on disability compensation claims you received. This form has several key components, which, when filled out completely and accurately, will decrease the amount of time it takes to process your NOD. FREQUENTLY ASKED QUESTIONS How do I use this standard Notice of Disagreement (NOD) form? You must use this form if you wish to indicate that you disagree with a decision you received regarding your claim for disability compensation. Examples of these decisions may include entitlement to service connection, percentage of evaluation assigned, and effective date among other things. This form is the only way that you can initiate an appeal from a decision on your claim for disability compensation. Should I fill out this form? You must fill out this form if you disagree with a decision issued by the VA regional office (RO) about your disability compensation claim. This includes an initial decision, a decision for an increased rating, or any other decision with which you disagree. Only those issues that you list on this NOD will be considered on appeal. For those issues you do not list on this NOD, you will still have one year from the date of the decision notification letter to file an appeal for those issues. Where can I get help? You can ask the Department of Veterans Affairs (VA) to help you fill out the form by contacting us at 1-800-827-1000. Before you, etc etc etc ......."

 

[Jangs1963]

He actually sent a CUE motion. They said it was the wrong form. I am doing the Cue on a 1999 decision. There was never a nod or appeal so it became final. I have learned quit a bit from this site. And, I’m very grateful. 

[Jangs1963]

No he didn’t file the21-958. That is what you use for cue now.  Correct?

[Berta]

I was thrown off by this------

'You mentioned a "V9" form.  This is probably an I-9, which is an appeal to the BVA. "

Whoever mentioned the I-9 ( I agree with Broncovet that is what they meant)would only be in regard to a recent denial. This denial was in 1999.

"In this thread Dustoff stated:

"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." I agree , file the CUE on the 21-526 EZ.

We have CUE templates here.I have no idea what the legal errors in the 1999 denial would be.

and they must be errors comparable to the regulations controlling them at the time.

 "They finally sent a letter back indicating they don’t have them. Fast forward to my C&P exam of 1999. VA examiner indicated my back problem is “more likely than not” due to mva while in service. My claim was denied stating no nexus. "

So they disregarded their own examiner's opinion, based on the record he had..

Then in 2015 (I think it was 2015 ) they did grant you 30%-

Was it for the exact Same disability as in 1999?

In 1999 did you get a C & P exam that showed a percentage as NSC =on the rating sheet for the Same disability ?

If the % was "0" NSC for the Same disability, ( I am stressing that word "same" )then  I see no CUE there.

If the % was NSC at 10% or 30%, then that would be a valid CUE in my opinion.Because there was a monetary value to you in 1999 if it should have been service connected at that time.

I think many here are as confused as I am.

This  always happens when we have no way to see any  actual past VA decisions.

If you dont have a copy of the 1999 decision and evidence list- your lawyer must have had it to prepare a CUE.

Is it possible you did scan and attach those decisions here but put them into in a different thread?You said in early Nov that you would provide us with the scanned redacted decision of 1999.

I have nothing else to offer without seeing the 1999 decision and also I would like to see the 2015 award letter to make sure they involve the same disability.

 

 

[Jangs1963]

I think someone else mentioned the I9. I was denied in 1999 and when I reopened in 2016 for the same thing I was awarded 30%. However in 2016 I had tons more evidence. But in 1999 they didn’t take into consideration my service records and they went against the VA examiner and denied me sc. I believe I downloaded the Motion and the decision to Berta.