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 JUST FOUND IT-in my profile   AND ASKED YOU TO POST IT IN THE MAIN FORUM-

This is not a properly written CUE-

CAN WE SEE THE 1999 DECISION AND also  THE AWARD LETTER?

Please cover your C file, name prior to scanning and attaching it.

 

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• Jangs1963
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• "Berta

Berta:  I am attaching the Motion for CUE I mentioned in my post as well as the 2000 decision.  I contacted the 800# again today.  Apparently no one is looking into this.  The Motion was sent to the VA in April 2019.  The person on the other line indicated she would do an isis.  The thing is, this CUE Motion included my supporting documentation as well as my POA for the attorney.  The POA is definitely.  I just received my decision on my cervical and it shows him receiving a copy.  My attorney said he would look into the CUE  because it makes no sense that it is not being worked on.  That was over a week ago so I called the 800# today.I would appreciate any input from you. 

CUE Motion - Decison of 2000.pdf281.34 kB · 3 downloads

•  November 12
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   Berta

   I think you should file an IRIS , not the VA-

   Go to www.va.gov. web site and click on the Contact Us thing and then click on Ask a question. and follow on giving them whatever info they request- and ask for an email reply.

   I still do not comprehend why the lawyer filed this as a motion and I thought the VA said it was on the wrong form...?

   This is a regular CUE , and I believe the violation was either under 38 CFR 4.6 or it should be filed as a 3.156 claim, if the VA had the SMRs yet ignored specific info in them.

   Due to the snow storm I have limited internet access-please post the attachment in the Main forum,where your prior posts are at.

   I have never seen a CUE Motion filed at the RO before-this is a new one to me...."

    

    

   • November 12
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Edited November 23, 2019 by Berta

[Berta]

I just noticed something in the Motion-I missed it before due to weather problems.

The lawyer said that you did not have the 2000 decision ( referred to here as a 1999 decision)

And I believe this Motion was filed many months ago-and I believe you requested you C file, where that older decision should be.

I suggest that you make an IRIS request for a copy of that specific denial from your C file, -give them the exact date, if you have not yet received the copy of the file, and also  give them the date you formally requested the C file.

Did the lawyer make any attempt to get the 2000 denial?

I would never file a CUE  personally, or suggest anyone else to do that , without a copy of the actual decision the CUE rests on.

It is the actual decision that would hold any legal error, that you can hold the VA to.

The download might be accessible to others here- I think I read it three times-in disbelief.

This might be a 38 CFR 3.156 re- open instead of a CUE. I have no good guess because we have no facts- meaning the actual 2000 decision, and the actual decision could determine what type of claim could be filed.

 

 

 

 

[Jangs1963]

I do have the actual decision. I will download it once I redact. I have my c file. That decision was not listed in my c file. I received my c file in 2016. So it should have been. I kept the actual decision in with all my military records that is the reason I have it. I did do a re-open in 2016 which was denied again. But at that time I did file a NOD and submitted all my current medical records. That’s when they awarded me SC. 

[Berta]

To clarify- You did attach the decision----but I do not see the evidence list or the rating sheet-

[Berta]

" I did do a re-open in 2016 which was denied again. But at that time I did file a NOD and submitted all my current medical records. That’s when they awarded me SC. "

Can we see that redacted award?  By "they" do you mean the RO awarded due to the NOD and additional evidence? They gave a rationale in that award that we need to see.

I don't suggest that anyone here post stuff in my profile-in the main forums they will get more than one opinion .

What I cant determine is whether in 2000 they had the evidence that they had when they did make the re=open award.

CUE is like the Watergate question- what did the VA know and when did they know it.

Meaning, all medical evidence must have been  established by VA ,in a denial, that a potential CUE is filed on.

Is the lawyer re doing the CUE (or 38 CFR 3.156 re-open?)

The lawyer might have the Evidence list and rating sheet-rating sheets in the 1990s have the diagnostic codes and percentages etc on them.My SMC CUE was based on a rating sheet dated 1998, that was  also an award letter.

They had used the wrong diagnostic codes as well as never considered SMC.

Your lawyer- does he have any  experience with the VA such as the BVA?

His Motion was worded with nomenclature  I have seen in civil court matters, not VA matters.

Since it appears he does have the decision, etc, he should correct the way it is presented as CUE and raise possibly the 38 CFR. 3.156 potential. He should definitely know what that regulation is. 38 CFR 3.156.

 

 

 

 

 

[Berta]

I re- read it all again-under the Part (b) of the Motion, I believe, he mentions that the rater did not consider a part of the SMRs and the favorable medical opinion,that he attached as Exhibits-

BUT No where did I see how he specifically mentioned what VA regulations were violated. The Main point of any type of CUE.

That is a violation of 38 CFR 4.6. 

I suggest that your lawyer file the CUE with specificity- because that is why many valid claims are denied-

because the claimant failed to cite the legal error they broke that rests on 38 CFR 4.6 or on any one of many other legal errors (violations of established VA case law) that they can, and will make.

Or you can file the CUE yourself- everything I know about CUE is here in the CUE forum.

But if you have some sort of fee agreement with the lawyer, then they should do that for you.

Maybe they should join us or just come here as a guest and read the CUE forum.