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CUE UPDATE

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RBrogen

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Happy Holidays Everyone,

I wanted to let those of you who are interested know that the cue I filed for change of effective date from March 2018 to October 1999 is now in the "Preparation for Decision" status.  I mailed the formal CUE September 17, 2019 and it went to "Preparation for Decision" status today.  Now I'll be on pins and needles until I get the decision packet in the mail.  I'll keep you all posted!

Best,

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Thanks for the info.  Just to let you know in case you are unaware and that is Ebenefits is not always accurate or reliable info and by this I mean 1. I received in the mail my hardcopy decision long before Ebenefits showed my decision as completed on their website. 2.  Very often your claim will bounce back and forth from one category to another such as from Preparation for decision back to evidence gathering and then back again to PFD and on and on it goes.  Like you and many others I have been thru this merry go round on more than one occasion.

All we can do is wait for the actual hard copy of decision in the mail.  You could call IRIS (peggy) at the 1 800 327 1000 (????) help line and maybe they can clarify your claim status (present) for you.  I have had good luck with them but the phone wait was a long time before talking to peggy or henry.  

Just think of the VA as your friendly IRS auditor.

Above info is not legal advice as I am not an attorney, paralegal, Or VSO but a 30 plus year vet filing my own claims and appeals.

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1 minute ago, Dustoff 11 said:

Thanks for the info.  Just to let you know in case you are unaware and that is Ebenefits is not always accurate or reliable info and by this I mean 1. I received in the mail my hardcopy decision long before Ebenefits showed my decision as completed on their website. 2.  Very often your claim will bounce back and forth from one category to another such as from Preparation for decision back to evidence gathering and then back again to PFD and on and on it goes.  Like you and many others I have been thru this merry go round on more than one occasion.

All we can do is wait for the actual hard copy of decision in the mail.  You could call IRIS (peggy) at the 1 800 327 1000 (????) help line and maybe they can clarify your claim status (present) for you.  I have had good luck with them but the phone wait was a long time before talking to peggy or henry.  

Just think of the VA as your friendly IRS auditor.

Above info is not legal advice as I am not an attorney, paralegal, Or VSO but a 30 plus year vet filing my own claims and appeals.

Thanks for the feedback Dustoff11.  I'm pretty familiar with the EBenefits system and process and of the 5 or 6 claims I have done in the past year, I've been able to track  the status pretty accurately (both on ebenefits and va.gov).  This is also in conjunction with calling the VA and discussing status there.  Yes, ultimately all we can do is wait for the actual decision packet to arrive.  My fingers/toes and everything else are crossed ... hoping for the best!  

Happy Holidays!

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In the year 2005 I won a CUE appeal I filed myself with the U.S. CAVC court and on my No. 2 contention the court agreed that the 1985 to 87 VARO decisions contained CUE by not adjudicating my PTSD claims as also inferred TDIU claims and the court remanded this No. 2 contention back to BVA for adjudication of this claim.

It was a long hard grind as I filed the CUE claim in 2000 and it was denied by BVA on appeal in 2003.  In spite of what some SOBs on another forum tells vets CUE errors and CUE claims are indeed common and many times vets win these claims thru remands or grants from BVA  and the courts.

These other pukes will tell us that these CUE errors were not CUE but other type of errors, Blah, Blah, Blah.  These former lifer VA raters and VA DROs never admit that the VA raters make serious mistakes but 1000s of public BVA and courts decisions tells us this is not true. For over 30 years VA raters make the same minor and major mistakes over and over again.  This is not accidental.  Good luck to you.

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7 minutes ago, Dustoff 11 said:

In the year 2005 I won a CUE appeal I filed myself with the U.S. CAVC court and on my No. 2 contention the court agreed that the 1985 to 87 VARO decisions contained CUE by not adjudicating my PTSD claims as also inferred TDIU claims and the court remanded this No. 2 contention back to BVA for adjudication of this claim.

It was a long hard grind as I filed the CUE claim in 2000 and it was denied by BVA on appeal in 2003.  In spite of what some SOBs on another forum tells vets CUE errors and CUE claims are indeed common and many times vets win these claims thru remands or grants from BVA  and the courts.

These other pukes will tell us that these CUE errors were not CUE but other type of errors, Blah, Blah, Blah.  These former lifer VA raters and VA DROs never admit that the VA raters make serious mistakes but 1000s of public BVA and courts decisions tells us this is not true. For over 30 years VA raters make the same minor and major mistakes over and over again.  This is not accidental.  Good luck to you.

I hear you brother ... and congrats on winning your CUE!  I hope to have convinced them.  I believe my case is strong but can't ever tell with the VA!

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@Dustoff 11 It looks like @RBrogen's claims are being processed by employees who do a better job at keeping the status current. I have a couple of CUE's in the hopper now and va.gov is running about two days behind the actual status. However, I did have to submit an IRIS to nudge them when mine sat for a week with no update. Compared to when I had a bunch of claims in the system years ago, I do believe they are handling them better than they used to.

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54 minutes ago, Vync said:

@Dustoff 11 It looks like @RBrogen's claims are being processed by employees who do a better job at keeping the status current. I have a couple of CUE's in the hopper now and va.gov is running about two days behind the actual status. However, I did have to submit an IRIS to nudge them when mine sat for a week with no update. Compared to when I had a bunch of claims in the system years ago, I do believe they are handling them better than they used to.

@Vync I have been fortunate as having disengaged from the VA for over 20 years because of a bad experience, I remained at 20% since 1991.  I decided to reconnect and filed my first claim in Nov 2018 and after 4 claims wound up at the 100% total and permanent as of April 2019.  It is definitely worth fighting the fight.

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