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Timeframe for CAVC CUE decision/back pay after CLS (telephonic) hearing

Disciple

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Disciple Contributor

Disciple 0

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Does anyone know the average time frame to receive the official decision and back pay after the telephonic CLS hearing for a CUE claim at the CAVC?  My attorney notified me via text message today that we won. The VA conceded that they applied the statute incorrectly when deciding my original claim which if done correctly, would have resulted in a grant.  Thank you in advance for your help and for your service!

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Berta Grand Master

Berta 4,215

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That is GREAT NEWS!!!!!!!!

I could not find much here as to your actual  CUE claim, and have no idea how much longer you will have to wait-but I think your BVA appeal was expedited?

None of the 2020 CAVC decisions ( they posted them every 3 days here):

http://www.uscourts.cavc.gov/recent_decisions.php

reflect your case, but soon it will appear at the US CAVC site- I can't wait to read  it!!!!!!!!!!!!!!

I believe the court has to remand the decision back to the BVA,who will remand it back to your VARO for payment.

So the waiting time is not over yet and it is a disgrace that your claim has taken so long, and that long wait was DUE TO a VA legal error... probably made by one of many incompetent VA raters who never have their paychecks denied or remanded.  

Vets, search any recent decision you get to see if they committed a CUE.

A CUE can be filed on a decision you just got in the mail- as well as a decision that was never appealed, or awarded under the appeal.

My last CUE took 3 weeks and they reversed. I have a  CUE pending again on the award letter.

The longest CUE I had took 8 years.It was never set to the BVA and then the Nehmer VARO awarded it as it was contingent on a proper AO award for IHD.

It was a Prime Facie CUE-

...deceased husband was 100% P & T  for SC PTSD, and 100% P & T for a 1151 stroke.

He completely fulfilled the mandate of the SMC S criteria.

My Nehmer claim "estimated" amount of retro seemed to award the 100% plus SMC for 6 months but his retro should have been for 22 months.

I filed another CUE on that with an audit request and a IG complaint.

I have never filed a CUE that could not succeed.All were Prime Facie!

I commend you and your lawyer for going the distance and I hope the CUE provides you with MEGA retro.

Someone will correct me if I am wrong on the remand from the CAVC to the BVA....

As you can see on the CAVC link those decisions that CAVC reversed went back to the BVA for correction.

Our country is involved in civil justice reform.....unfortunately that does not impact on the VA.

A VA Victory like yours still means the end result of  compensable justice

is still on hold.  It is more than a disgrace -it is a TRAVESTY!

Hang in there!!!!

 

 

 

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broncovet Grand Master

broncovet 4,246

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Congratulations!  Here is how it went for me, yours could be faster or slower:

1.  I "won" a remand at the CAVC in June, 2019, with Chris Attig as my attorney. 

2.  Chris recommend an IMO to win at the BVA, which I did, hiring Cliff Parker, Voc Rehab Specialist.  

3.  The remand went to decision at the BVA six months later in Jan , 2020 where I won.  

4.  About 3 weeks ago, I was suprised to see a retro deposit.  

5.  I received the VARO implementation of the board decision just last week.  

     In summary, it took 8 months from notice of the CAVC decision.  However, I had to go back to the board for a remand.  That was pretty good for me because it means EAJA paid 100 percent of my attorney fees, I paid 0 attorney fees.  Since you (apparently) skipped the remand to the Board, it could happen "as early as" 1 or 2 months.  What did your attorney say?  

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