CUE Appeal closed before one year up

[kanewnut]

This is the lated CUE I am filing. The Roanoke VA closed my appeal before the one year period was up. Any suggestions are greatly appreciated.

2019-11-15 CUE for Date Error Redacted for Hadit.pdf

[Buck52]

I am not 100% sure as to which form to file CUE ?   since the new AMA Started up???

I would have used the 21 -0958...but it also could be filed on the 21 -526 as this  is the newest Form that the VBMS Can scan and read out.

OR Maybe this form

https://www.va.gov/vaforms/va/pdf/VA4597b.pdf

 

 

Edited November 23, 2019 by Buck52

[Vync]

@Buck52 yes Sir you are correct! I kept a claim alive at the VARO level for a couple of years until they got it right by a combination of NOD's and revise motions.

In my recent CUE claims, I had the same question. I just decided to cover my bases and submit using several forms, to prevent he VA from wasting my time and sending me a letter telling me which form to use.

The first page in my submission was this: VBA-21-4138-ARE Statement in support of claim. This is how I started it out. I also sent in copies of the other two forms to cover my bases.

Quote

I called the toll-free number VA 1-800-827-1000 several times to ask which form I needed to use to submit this correspondence. Every time I received a different answer. I have been told to use VA forms 21-526EZ, 21-0958, and this form 21-4138. To prevent the possibility that the VA will need to send me a letter telling me to use another one of these forms, I am submitting all of the forms. If none of these are the correct form, please let me know. Please select and use the correct form(s).

 

After this was faxed to the VA and mailed via certified mail to Janesville, WI's intake center, I called the White House VA hotline and asked them if the VA could update the web site and make it much clearer about which form to use. I highly recommend others call them with the same request. If enough submissions are made, perhaps they will make our lives a bit easier.

 

 

[vetquest]

The VA can also keep your claim in limbo by refiling motions.  I made multiple requests for my case to go to the BVA over several years but the RO kept making new determinations.  When my case finally got to the BVA they took apart the RO's decisions.  Unfortunately it needed to be remanded twice for the RO to finally get it right.

[Buck52]

 Once your claim arrives at the Regional Office, it should remain there for a minimum of 30 days, which is the time allotted for you to submit new evidence. In reality, once a case is remanded by the Board it can take anywhere from 3 to 12 months before the Regional Office issues a new decision.