CUE info that is incorrect here

[Berta]

I again am being drawn into an argument over when a CUE can be filed.

This member keeps giving the wrong info, in spite of the fact that some  members here as well as I, have been very Successful in filing CUE as soon as a decision has arrived....well within the appeal period with no need for further need to appeal.

There is NO REGULATION that states we cannot file CUE ASAP.

I refuse to comment on anything after this member replies to some CUE questions, or to any question at all. They never won a CUE so they do not have the expertise to file a valid one, and since their mantra ( not based on any legal fact or VA regulation) keeps popping up,from time to time , and  I suggest strongly that anyone who finds a CUE in a recent decision -they need to act on it fast, and if they are correct, the VA will reverse the decision fast.

As I stated before the HLR is supposed to seek CUE in any decision before the vet gets it. HRLs have done that for some member here.They found legal error in the decision before it was mailed to the veteran.

This HLR m21-1MR change grew out of a letter I wrote to former Secretary Shulkin,he used 2 of my suggestions- one of them being my own personal experience with CUE filed in the appellate period- usually filed within a day or two of the decision, and the fact that at least two or more vets here have also been successful with this tactic- and didn't even need to file a NOD. His comments demean the work they did to win a CUE right away.

I refuse to reply to this member  and most of the time I never read his  posts anyhow, so I advise anyone who feels VA made a legal error to their detriment, 

in a recent decision, to access the info in our CUE forum, some of it is under GCY CUE ( Go Cue Yourself- VA) and decide whose advice is correct.

This member should get a life and stop his odd  need to try to draw me into an argument over CUE, because he lost a CUE and still doesn't understand how to properly file them.  He should read the CUE forum info himself. I have never lost a personal CUE claim.

If you want to believe what he posted so be it- and He can handle the CUE questions here from now on and I will withdraw from doing that. If his advice on them is wrong- just remember I told you so.....

I refuse to again be drawn into an argument over established VA case law.

Besides I have 3 personal issues pending with VA -2 CUEs ( that my audit request might correct) and my accrued HBP AO claim, all of which I intend to succeed in. I have more legal evidence for the audit and CUEs .. which they probably don't need.The AO HBP accrued claim is perfect.

I wasted too much time here today already-writing this post, that I should not even have to write.

Alex will be delighted, I am sure, to be the CUE expert at hadit from now on. 

 

 

 

 

[Berta]

Thank you all for your comments on my post here re: Asknod.

I do not believe we should ever let bad advice stand as gospel.Even when the member holds the POA of Tbird, as Alex told me months ago in a ridiculous email I showed my lawyer-due to something else in it-I dont care if he holds the POA of Pope Francis and I was not intimidated by his ridiculous statements.

The lawyer told me his disclaimer meant nothing. It was BS.

If he continues to post inaccurate advice , that demeans and totally disregards the facts of  CUE in the appellate period, and suggests that those of you who HAVE won a CUE in the appeal period, as I have done many times, I guess he thinks we are lying, and I have the email of his boss:

  the General Counsel -VA.

Due to COVID, they OGC is not accepting mail , except at their email addy:

ogcaccreditationmailbox@va.gov

They will accept attachments,since they cant accept snail mail yet.

I have my evidence ready to go on that, to include my awards for CUE filed days after I got their decision, when the VA properly reversed their clear and unmistakable errors.

I also will send them a copy of the correspondence I got from POTUS, thanking me for my 

suggestions to former Secretary Shulkin, as to the two changes I had input into into M21-1MR re: CUE and also the extension of NOD deadlines when a Reconsideration request is made.And of course I will send them his ridiculous email to me.

 

My daughter says she still has the CUE I filed for her in 1997, that they ( VA Educational Department,) fixed in 21 days.

She will attach it all to email to me.

She served in the Military for 7 years and the award letter said she was only eligible for 1 month of DEA.

Those VA EDUCATION  dopes could not or did not even read her DD 214.

If we put up with bad advice, without challenging it here, 

we aresure  not helping vets at all.

 

 

 

Edited April 29, 2020 by Berta