CUE

[Jangs1963]

Berta, I want to thank you for your assistance in my CUE claim. I did everything you said. So, I faxed everything in on 12/16/19. On 01/25/20 it moved to evidence gathering etc. then I received correspondence as for all the details of the accident. Which I wrote a summary of the dates places and what occurred. I downloaded it on 02/4/20.  It is showing they received. On 03/10/20, it indicates “we closed the notice of request 1.” Which is showing request 1 as JSRRC Coordinator Review.  No longer needed.  Does that mean VA received info on my accident from JSRRC? Looking at the projected completion date, it is showing August 2nd. Does that seem like a long time to decide the CUE? I had no idea what JSRRC was until I researched it. Which to me seems like the hidden black book of information that we never get to see. 

[Berta]

Buck, you can file CUE on any decision that holds a CUE , but those denials might well have one decision that contains  CUE,  that would cover them all.

 

 

 

[Buck52]

I understand  but what decision I could use?   

My arurment is they went from a decison date that was decied at a DRO Hearing on May 7th.2003 .and went back to Dec 20th 2002.

I first filed in April 4th 1998  was denied NOD July 2002  was denied, reopen this claim in 2000 and NOD AND WAS SERVICE CONNECTED AT 0% 

After this  still in the year 2000  I went for a HEARING TEST BECAUSE I GOT A LETTER TO COME IN FOR THAT ON A CERTAIN DATE IN 2000  I DID   DID THE HEARING TEST  ALL THE CRITERIA WAS DONE BY THIS VA AUDIOLOGIST  AND APPARENTLY HE SENT THIS TEST IN TO MY R.O.  (BECAUSE I NEVER DID)

This VA Audiologist did  and even though it said on this hearing test sheet  this test can not be used for rating purposes...but they used it anyway   when this Audiologist sent it in for a increase in my hearing,  and I was rated 50%....in 2002 I went in for a c&p for increase in my hearing loss  and the C&P Examiner accused me of Malingering  which in turn cause a DRO Hearing to settle this..I got a private IMO TO REBUT This VA C&P Examiner and  won my case  I won the TDIU P&T  I HAVE THE DRO LETTER.....THIS WAS ON MAY Th 2003   he stated although you show to stopped working in 1999  we paid you back to Dec 10-2002 the date you filed for increase.... when actually it was the VA Audiologist that filed for increase in 2000 . I need to get all these records in order and compare these dates...but I have 3 different rating sheets with the same award the tdiu p&t and the tinnitus  all three of these rating sheets have different dates  and they are using the Dec 20th to go back to from May 7th 2003.

I want them to go back to the date facts were FIRST found on my hearing loss which was July 20 1998  not the date I first filed...but that too if they would but  the facts found would be the date I  showed to have a hearing loss which was July 20th 1998

I HAVE THE LETTER AND THE TEST FROM THE AUDIOLOGISTS THAT PERFORMED THE TEST AND WROTE ME A OPINION LETTER.

THIS LETTER IS DATED JULY 20TH 1998

[Buck52]

Note:* I was in a hurry when I type the above information so its not going to be Accurate 

This above I am not 100% on these filing dates  but I first filed in April 1998. since then my first denial   this claim has been under continuous prosecution. from  April 4th1998 -May 7th 2003 . my retro they paid me from was May 7th back to Dec 20-2002  minus 50% from 2000  the year I got the 50%  my retro was 9.975.00 (short I would say) bout 5 1/2 months  minus the 50% from the year 2000

I am trying to sort these dates out as I go  and usually find something in my C-FILE that turns things around.

I realize I will need to CUE Them if this EED is incorrect  its finding the correct EED or the one they say I have to use?

and then I can CUE IF ITS DIFFERENT FROM THERE'S  AS TO WHICH I'M FAIRLY CERTAIN IT IS  OR WILL BE.

just need to get all these dates lined out and separated to show the CUE.

 

To the OP  I am sorry for posting all this  I  never meant intintally to hi-jack your thread.

...Buck

Edited March 27, 2020 by Buck52

[Berta]

Buck, I hope you realise that the CUEs I have written here for specific vet members, were based on the facts of each case , due to their downloaded decisions, and were prime facie CUEs-

meaning the CUE was so obvious, it took took me very little time to prepare and post the CUE claims here for them.

Jangs CUE I posted here:

It took me mere minutes to prepare after reading the whole thread again and post the CUE here for him.

His CUE was Prime Facie- legal term meaning obvious ,at first glance...based on his downloads here.

Your situation is far different and I hope you find an accredited agent with past experience in CUE.

This would possibly involve many phone calls with the agent and for sure , emails with attachments as well  and/or snail mail submissions to the agent.

My point is we have no facts here to base a CUE on because your situation is not prime facie.

If anyone here,with CUE expertise  and some free time, can help you via email, I hope they contact you.

I do not do claims issues via email.

My time here has become very limited-because the electronic members of my church are volunteering to help with the fact that all we have is our PC and phones,  to continue church business.The sermons are online but we have far more church issues besides  the sermons.

I am hoping the stimulus will cause many non PC members of my church to consider getting a PC and internet access. A member in her 80's  called me yesterday, and said she really needs to get with it, and figure out how to use her I Pad better. The Internet has become a critical tool for veterans and I sure hope many non PC vets will also consider using some of their stimulus to get on line.

We do have many PC vet members in my church and some were at our online prayer meeting via zoom yesterday.

Others have to be called. It all takes time.

 

 

 

 

 

 

[Buck52]

I understand Ms,Berta And Thank You for all your help  I do go back and read your templates and CUES you help with these Veterans here on hadit.

I am working on this issue with broncovet we correspond through emails, my issue is fairly complex and I am seeking a VA Claims agent  that lives fairly close to me  so we can make eye to eye contact, and I can just take him what records I do have,

I also may request my C-file because there seems to be a lot of records missing in the one I do have, I received my c-file back in 2014 on CD but again a lot of records are missing and some that never printed when they copied  the paper c-file over to digital,

I have several pages with the Official VA Seal Stamped on them and nothing else on these pages  and if it did not copy the  written part.?

.I guess I'll be out of luck on that ,I am looking at hiring a VA Accredited  Claims Agent at present that lives about 30 miles from me.

 I am lookin at these VA Seal Stamped dates very close that are on these pages and try to line up the dates that are on them and try to puzzle together the records I do have if they are favorable to me  or has anything to do with this issue. (something should be on these pages with the VA Stamped Seal)

So I been thinking about requesting my up-dated C-FILE Again and hope it has all my records in it?....or maybe hopefully this VA Claims Agent will have access to the VBMS  if he don't I probably won't hire him

I need to look into the VBMS for help  or some help that will help me figure this all out.

   This Claims Agent name is Robert Blacklidge he was Accreditith on 3 /7 2011  He seems to be very busy but I am going to talk with him and see what he think about all this?

I do hope my issues will be prime facie CUEs-