How To Write A CUE Claim Without Even Meaning To

[ljl]

I wrote the title tongue in cheek but the subject is serious.

My local RO turned my supplemental claim into a CUE claim.

How is this possible? I was appealing a Higher-Level Review decision with a Supplemental Claim.

Yes, I'm looking for legal representation. I'm just so baffled about the whole thing.

[pacmanx1]

1 hour ago, Vync said:

It might not always be an intentional attempt to confuse veterans, although it can become confusing. I agree with @Bertathat many of the employees working any claim simply fail to adequately understand CUE. In response to a WH VA Hotline request, I had a VARO employee who worked supplemental claims tell me that they really didn't understand CUE and recommended I resubmit my claim as an HLR because the DRO's have a better grasp on VA laws and regulations. 

Can a supplemental claim call CUE on a HLR decision? Certainly. I had one CUE granted as a supplemental. I also had a separate CUE where the DRO verbally conceded CUE, but the approving authority ignored that and rubber stamped a previous error-filled denial.

The post-AMA review lanes allow filing of a decision as a supplemental, HLR, or go straight to the BVA instead of supplemental or HLR.

If the veteran or the VA notices CUE, it can start the CUE process at any time.

CUE does not require any form as long as it is explained how the error meets the CUE requirements. I had the evidence intake center let one of my CUE filings to sit idle for months while they supposedly researched which form I needed to "properly" file on. When I found that out, I went ahead and filed the supplemental form to provide the M21-1 article that states CUE does not require a special form. I sure hope the employee who caused the delay received constructive training so they don't repeat the same error with another veteran's CUE.

Yes, you are correct but here is where the VARO is trying to play games, most EED fall under 38 CFR 3.156 A, B or even C but supplemental claims are a different animals, and the correct law should fall under 3.156. CUE claims are also separate and different.

3.2500 Review of decisions.

(2) Supplemental claims received more than one year after notice of decision. Except as otherwise provided in this section, for supplemental claims received more than one year after the date on which the agency of original jurisdiction issues notice of a decision or the Board of Veterans' Appeals issued notice of a decision, the effective date will be fixed in accordance with the date entitlement arose, but will not be earlier than the date of receipt of the supplemental claim.

Except as otherwise provided in this section  = This really should read except otherwise provided by law and the VARO know this and play games forcing the veteran to file an appeal to the BVA or higher.

Edited January 25, 2022 by pacmanx1

[blahsaysme2u]

2 hours ago, Vync said:

I had a VARO employee who worked supplemental claims tell me that they really didn't understand CUE and recommended I resubmit my claim as an HLR because the DRO's have a better grasp on VA laws and regulations. 

maybe that should be the case anyways and have CUE process updated to go straight to DRO for review...silly VA 

[blahsaysme2u]

2 hours ago, Vync said:

Can a supplemental claim call CUE on a HLR decision? Certainly. I had one CUE granted as a supplemental. I also had a separate CUE where the DRO verbally conceded CUE, but the approving authority ignored that and rubber stamped a previous error-filled denial.

my most recent claim for fighting correction of EED done by my lawyer is calling CUE on VA in supplemental claim. but we are going to VBA instead of HLR or regular VRO...i posted those arguments in my OSA post if you wanna read how the lawyer worded. 

[Vync]

21 hours ago, blahsaysme2u said:

maybe that should be the case anyways and have CUE process updated to go straight to DRO for review...silly VA 

Except CUE correction does not require DRO review. I was very surprised when the CUE was resolved at the VARO via just the supplemental. I expected to have them not understand and end up going the HLR route...

[blahsaysme2u]

3 minutes ago, Vync said:

Except CUE correction does not require DRO review. I was very surprised when the CUE was resolved at the VARO via just the supplemental. I expected to have them not understand and end up going the HLR route...

thats what i mean tho...its a toss up if they get it....maybe it should automatically go to for DRO in the process...instead of hoping the VARO gets it(understands it) and doesnt make you then do HLR....

[Vync]

@blahsaysme2uI know what you mean. The odds of getting a DRO to process the CUE correctly is likely higher based on their experience with the BVA often being even more accurate. However, the big drawback to flooding DROs with CUEs is time. It takes long enough to get an HLR resolved as it is, but a lot of CUE claims might not actually need to clog up the DRO workload. For example, if the VA shortchanges retro pay, that should go over for a financial audit. If they automatically sent all CUEs to a DRO, it could take a year or longer to get something resolved which could have been resolved much faster. At least vets have the option themselves of using supplemental, HLR, or BVA if they want their CUE to be handled directly by a specific department.