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CUE Info

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jacobbree123

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Just following up on this if anybody is interested my estimated time for completion was 2/10/2020 and that is today so it looks like I am going to go over that time frame. While I filed this CUE as a HLR when I called today and asked if I would be receiving a phone call for a informal conference the answer was no because the claim was submitted as a new claim for benefits listed as a CUE for the dates I specified the error,  I had the guy look on the paper work that it was submitted on and it was a HLR asked him to request a answer as to why its listed the way it is on ebenefits. That being said I believe I read somewhere that they do this on some claims to award a earlier effective date. My claim has been in the prep for decision phase since two days after I filed so I am guessing that its waiting on a couple of higher ups to look it over for review and to approve the back pay, this being the best case.  worst case it is sitting under some paper work on the raters desk. 

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  • Content Curator/HadIt.com Elder

I bet if you called the VA again, you would get a different answer.

If you never filed for a condition, or the body part/system, then it should be deemed a new claim. If you received a rating decision and appealed it, then it should not be a new condition.

For what it's worth, I recommend calling the White House VA Hotline. I submitted my CUE with the new claim form, HLR and NOD forms. I also requested a phone call, but never received one. I called the hotline to report this. I had assumed the VA would make the same mistake as originally made - they did (failure to properly apply DeLuca). Now I'm stuck on the appeals wagon again and have to wait 4 or so months for a decision. The VA could have saved everyone a lot of time if they had just called me.

 

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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