CUE UPDATE

[RBrogen]

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,

[RBrogen]

Thanks ... not holding out a lot of hope with this first run but we'll see wha the package says when it gets here and then I'll formulate the next move.

 

[FormerMember]

On 1/4/2020 at 8:44 AM, RBrogen said:

Yes there is definitely confusion at VA about the requirement, or lack thereof, for a specific form to initiate a CUE.  The 21-526 I completed after my certified letter sat for 8 weeks only created confusion and misleading display of data in the record.  If you file a 21-526, you only have 2 options new condition or increase to an existing condition.  NEITHER are true for a CUE if you are looking for an earlier effective date CUE Claim.

At our last NOVA conference (Portland 09/ 12/2019), AMO director David McLenachen suggested we  start filing our client's CUE claims on the 526EZ as it captures the most data and ensures being uploaded. VA will accept it on the 995 because there is no designated form yet. In Section IV (4), under current disabilities, put in Motion to Revise the xx/xx/xxxx decision denying entitlement to (earlier effective date/ denial of DM II/ etc.  If the decision has a "In Reply Refer To: 346/DEJ" designator in the top right of the denial letter, make sure you include that and the notification letter's date in the current disabilities area in Section IV.

Best of luck.

[broncovet]

Alex posted:

Quote

AMO director David McLenachen suggested we  start filing our client's CUE claims on the 526EZ as it captures the most data and ensures being uploaded. 

Whiskey Tango Foxtrot???

    Does this mean "other" online forms "dont capture enough data to be uploaded?"  

     Does any one else see the serious flaw here?  ONLY the 526 EZ, "captures enough date to ensure being uploaded?"  

This has happened to me before:  I have uploaded stuff to VA, get a receipt for it  "being received" by VA, but later VA says, "we dont have it"?

Well this explains that.  

There are "dozens" of forms Vets can upload to VA, but this sounds like "only the 525EZ" captures enough data to ensure its actually uploaded.  

Can the vA spell "design flaw in its IT system"??  

[Vync]

 @asknod and @broncovet, the VA really does not do a good job at telling veterans they do not need to submit CUEs on a specific form. @Dustoff 11 found this fact here:

M21-1, Part III, Subpart iv, Chapter 2, Section B - Revision of Decisions
III.iv.2.B.4.d. Considering Requests for Revision Based on CUE

  Quote

Although there is no specific claim form required to request revision of a decision based on CUE, the request must be submitted in writing and signed by either the claimant or his/her authorized representative.

The AMO director was probably trying to ensure nothing gets lost when it passes through his department. I am glad someone is at least trying to help reduce unnecessary delays and red tape.

The VARO placed my CUE on hold because they did not know if it needed to submitted on a specific form. Yes, really. At the time I submitted it, I did not know either, but I kindly educated them where to find the correct answer. When I submitted mine, I proactively included the 526EZ because I had previously experienced delays with prior claims because I did not submit them on the proper form.

It definitely is a design flaw. I was told that the confusion is probably related to the appeals processes being renovated last year. Everyone is expecting requests to be submitted on specific forms, then here comes CUE and there is no such requirement. It's like tossing of sabot into the machinery and creating more delays and red tape. The VA could fix this by creating a dedicated form and training their personnel appropriately. That's why I am recommending to any veteran who experienced delays due to this issue to call the WH VA Hotline and complain. They will not consider fixing it unless they see it is happening to more than just one veteran.

[FormerMember]

Look for a designated form to be created this coming year and an update to §§3.155;3.2501 etc. As it stands now, you could be in a VAMC as an inpatient and file it on a paper towel or Depends undergarment (unsoiled preferably).

[Vync]

@asknod That is very promising. Glad the VA is actually trying to streamline the process.

Almost reminds me of the days when you could send letters home that are written on a c-ration box with MPS in the corner.