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CUE Appeal closed before one year up


kanewnut

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Wow. I would recommend double-checking the VA forms that came with the 2008 decision to ensure it was a one year window. It probably is, but never hurts to check. If you still have them, include a copy too.

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I have had very good luck calling the 1-800 hot/help line (Peggy or Henry) and asking them the same question about an appeal ebenefits said was incorrectly closed.  Henry spent over 30 minutes obtaining info from me and doing research in the VARO data basis on my claims/appeals and one week later everything was corrected showing my two appeals were still open.  I was put on hold for a long time before I could speak to Henry.

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17 hours ago, Dustoff 11 said:

I have had very good luck calling the 1-800 hot/help line (Peggy or Henry) and asking them the same question about an appeal ebenefits said was incorrectly closed.  Henry spent over 30 minutes obtaining info from me and doing research in the VARO data basis on my claims/appeals and one week later everything was corrected showing my two appeals were still open.  I was put on hold for a long time before I could speak to Henry.

That's good to know that some of the employees care enough to take the time to help. It's a mixed bag when I call. 

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I hate, absolutely HATE dealing with the VA. I called Peggy - 1-800-827-1000. The help was as useless as tits on a boar hog. The lady at first said I had a CUE. After talking with her supervisor she said it was old for filing a CUE on. It was suggested I file a supplemental claim or an HLR or take it directly to the board. I told her to go ahead and mail me these forms. 

I asked about the CUE I had already filed several weeks ago. She told me that if it was not filed on form 21-526EZ they would treat it as correspondence. I asked were the regulation was stating this form was necessary. She didn't know. But I could look it up myself at VA.GOV. She said it is in CFR 38. So far I don't see anything in CFR 38 talking about a particular form. 

I put in an IRIS inquiry to see where this information is. The VA is bound and determined to fight me to the bitter end.

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Not sure if you know/knew this information or not   and it may or may not apply to you?

It is important to note that if your motion for revision is not specific enough or does not meet the VA established standards for a motion for revision, VA can and will dismiss the motion.  If the decision is a rating decision from a regional office, the veteran can correct and re-file his or her motion as many times as necessary.  There is no limitation on the number of times a veteran can file a motion to revise a particular rating decision.  However, if the decision is a decision from the Board, a veteran only gets one shot at a motion for revision.  If the motion isn’t done correctly at the Board level, VA will dismiss the motion with prejudice, which means that it cannot be re-filed, and the veteran will be barred from any further efforts to show clear and unmistakable error in the Board’s decision.

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