CUE Decision

[Jangs1963]

So, I checked VA.gov to see the status of my CUE.  It indicated "appeal period pending final release of atty fees." (it gave the amount) and it was listed under "claim for comp and pen updated on 07/22."  So underneath that one is another  "claim for compensation" updated 07/22, when I view that, it doesn't indicate a decision was made or that a decision was sent.  When I contacted the 800# they said they are sending a packet to me.  But as I said, VA.gov does not show that it is complete.  In fact the date they have now under estimated completion dat,  is 12/2020.  Has this happened to anyone here on a CUE claim? I  mean if they are finalizing payment of my atty's fees, wouldn't that mean a decision has been made? I would appreciate anyone giving input. 

[Berta]

If you had an attorney representing you, and their representation was for solely for the CUE claim, it sounds to me like the CUE succeeded, because -otherwise what claim would they be basing the fee amount on?

Did the attorney rep you on any other issue, instead of the CUE claim?

[Berta]

I briefly looked over your profile page- because I was sure that you seemed to have a VERY good CUE- I do not trust my memory on each member's situation.

Does the attorney fee ( 20 % I assume) times 5,if the fee is posted at the VA.gov site ,compare to the retro you could expect from the CUE?

If not from the other claim, if same representation?

[Jangs1963]

This was the only claim I got an attorney for. It seems to me they awarded me 10%. My original claim was from 1999. I was hoping on 20%, but 10% is still a big win for me. 

[Berta]

Yes! and you can always appeal the rating if you feel it is wrong.

I am hoping you get the actual decision soon!

Jangs- we have a new member asking what form to file CUE on- did you file after the forms changed some years ago and, if so, what form did you use for the CUE?

I thought my pending CUEs had been grandfathered in , they were what I always filed, just a letter stating that is was a CUE claim, etc etc, but, since I am a widow, I had to use a different form,which the VA sent me, for the two pending CUE claims. 

I assume our new member Gail is a veteran, and would need to use the same form you did.

Thanks, and Congratulations!!!!!!   Persistence and Hard work pays off.

[Jangs1963]

When my atty initially filed the CUE he did it by a Motion (that was in 2019). Apparently an attorneys motion means nothing. That Motion sat in the file and was not even looked at. When I called the 800# They insisted it be done on Form21-526EZ. Once I completed that and attached everything, things started to move. Not quickly but it moved. Berta, you were my biggest help. You outlined my letter. If I had to do it all again, (Which I will be), I wouldn’t have hired an attorney. Once this CUE is completed, I will be filing one more CUE. I wish Gail all the best. When they were reviewing my CUE, I had to write a summary of the motor vehicle accident which was in the line of duty.  They must have compared it to the information they requested from the JSRRC which is an official military database which verifies the stressors. My stressor was not combat. 

[Berta]

Unfortunately a past member here was telling vets to file a Motion to revise on RO decisions, that they felt contained a valid CUE. A vet lawyer should have known better.

That type of Motion is only appropriate for a CUE being filed on a BVA decision.

I am glad I helped in some way.