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VARO CUE Claim


Jangs1963

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Many years ago (2003 to 2005) I successfully won my CUE  claim/appeal representing myself before the CAVC veterans court in D.C.  (Case No. 30-2067 Dec 23, 2005 Appellant AD).  Back then it took the VARO a few months to automatically deny my CUE claim and it took the BVA rubber stamp denial about 2 to 3 months.

As of recent times I heard on another veterans benefits assistance forum that it takes as long or longer as a regular claim as the VA adjudicators hate these CUE claims (they always have nothing new there).  This veterans benefits forum I just mentioned is same one that is always telling vets that CUE claims are impossible to win (FALSE) and constantly discouraging vets not to file claims by misleading them that they have to have extremely high level of medical evidence to win a claim (FALSE).  The forum is run by present and former VA lifer claims adjudicators and VSOs and way to many chiefs and not enough Indians and this is same attitude as when they were denying claims at the VA (arrogance).  I guy calling himself Cruiser is putting out this BS about CUE claims. With the huge backlog I suspect your CUE claim will be a long time before decision but I hope I am wrong as I may be filing another CUE claim myself soon.

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  • HadIt.com Elder

Lot's of factors go into answering your question. Key factors are how many errors/bad ratings, time it takes to gather any records/evidence, current workload of where the errors happened (VARO/VAMC, BVA, etc...), and when you filed.

Before the system changed earlier this year, CUE could take years.

I filed two CUE's in late September and the ETA for completion is March 2020. I think they just put a long timeframe on it because they are waiting for the VARO to send my records to the VARO. Kind of a ploy to make their completion numbers look better if they finish up. I saw some recent posts where some veterans got their VARO CUE finished in about a month. Right now, it looks like they are handling new CUEs as HLR's.

Once submitted, you can (sort of) check the status of the CUE on va.gov. I call 1-800-827-1000 about once a week to have them peek behind the veil of va.gov and let me know a little bit more of what's going on (i.e. still waiting for the records or have they arrived yet).

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As a follow up to my own answer CUE claims are winnable if you are prepared to appeal these claims.  Same is true of many disability claims that you have to appeal in order to win your benefits.  Rubber stamp denials by VARO is almost as common as dirt so always you and/or your VSO should anticipate having to appeal to BVA or even the CAVC. In a few of my previous claims both the C%P examiner (a PA) and the VARO rater flat out ignores/disregards the hard scientific medical evidence support my claim and in this instance substitutes their "own estimates and opinions"  in lieu of my Bruce Treadmill stress test which is their way of lying BS and a case for my winning the claim on appeal or as CUE.  The VA raters have not changed their way in over 35 years.

All BVA and CAVC court decisions are public record and every year thousands of VARO denials are overturned by BVA and CAVC on basis of same type of common errors being committed by the VA raters for past 35 years.  Delay and Deny is VARO motto.

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I have had four CUE claims in the last 33 years...The first took just under 7 months, the 2nd took 15 months, and the third took about 4  months, and the last about 4 months as well..... there is no fast rule on the time it takes.... All three of my claims were decided at the regional office level,  ( the last one was under the new claims system)  I won 3 of the 4.... and I did not appeal when I lost because the reason for denial was cut and dry and there was no way I could win...... 

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Thanks Richard for proving my point in my previous response that CUE claims are winnable and without having to appeal in spite of what former VA DRO adjudicators say on other veterans benefits forums.  You may have set a record with 3 out of 4 CUE wins and no appeals.  If as Vync said that CUE claims are now processed as HLR claims then the decision "should" be about 125 days or so as the VA has claimed recently for HLR claims.  I have my doubts tho.

Over 35 years I have found VA and BVA denials to be fairly quick although I have been mostly successful with my several claims and two appeals (so far).

Edited by Dustoff 11
misspelling and additional sentance
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  • HadIt.com Elder

Technically, they are similar to HLR, but CUE only applies to finalized claims (cannot be appealed) and there are some other stiff requirements. 

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