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So it seems you must use a form to initiate a CUE


ROMAD

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I called the 800 number today to ask about the status of my CUE submission. I spoke with Gayle and she told me unless I submit a form the letter I wrote would just sit in my file with no action. She told me to submit a 21-4138 "Statement in Support of Claim" and reference the documents I sent in for the CUE. So she did say the letter I sent was in my file, and confirmed they received it, but she explained that many Vets will send in documents they want in their file, but if you do not submit a form there will be no action. Does that sound right??? I know I looked all over the forum to see if there was a standard form and did not see any suggestions for a particular form. So is this a new procedure, or did I miss where someone posted the Form for submitting a CUE. So I guess I am heading to the regional office tomorrow to submit a form. LOL

 

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Berta that is correct! I just returned from the Milwaukee VARO and the customer service person did confirm the 21-526EZ is the form you should submit a CUE on. Since I had already submitted my letter and all the attached copies of the specific examples from my records, just made a note on the 526 to see Documents FAxed on 12/20/2019. So the answer is do your leg work and compile your letter explaining your CUE with specific examples of the errors and what regulation or law was not followed, as well as any documentation  specific to your allegation. The one thing I will take away from this is many of the Service org reps (that I have dealt with) do not get into the citing  the specific regs. The VSO today that uploaded my 526 was suprised at the level of documentation with citations I submitted. I give credit to all you folks here on Hadit! Thanks for the help and now we wait to see how this all turns out.

  

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  • HadIt.com Elder

@ROMAD Since the appeals process changes in 2019, the VA has become accustomed to wanting a specific form for different types of claims. But based on what Dustoff posted from M21-1, there really is no required form. There is only the assumption from the VA that a form is needed because of the changes. And the crazy part is the VA employees are not on the same sheet of music. Ask a different person, get a different answer. The VA could fix this pretty easily by simply making a dedicated form, updating their website, and training their employees consistently. That's why I am encouraging everyone who encountered red tape or delays to call the WH VA Hotline and complain, especially if their claim was delayed by this confusion. They won't know unless we tell them.

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I had success recently by keeping it simple I filed a HLR and listed the decision date and put clear and unmistakable error and attached my cue letter with the forum. I faxed it and sent it in as certified mail And a few days latter it was listed on my eben as a cue on the dates I  listed with my supporting documents attached. I think this is the best option because it also allows for a informal phone call that you hopefully receive and you can explain your issues to the person actually deciding them. I should have my answer the first week of February and I sent my paperwork in on the 9th of January so a extremely fast turn around.

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