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.

[blahsaysme2u]

good point. mine for OSA EED the lawyer said send to HLR bc VARO will likely kick back(especially since they have already proven they dont want me to get the back pay by ignoring the VBA judge  ruling that said she used "service records in part with lay statements to award"....but you are right. some cases are more open shut and should be easy for VARO to handle(should being the operative word here) my HLR has so far taken 6months...so i am sure they are overwhelmed...i do feel for these reps- i am sure it weighty task to try and get things right- especially when i do believe most want to help veterans. 

but we see too many times they like to play games and make up rules, ignore rules, evidence and simply just do the wrong thing- makes it harder to believe the VA in general is on the vets side as some seem to think. 

but that doesn't mean you cant win or shouldn't go for your benefits. yes you need to learn the rules to play the game too, and most of the time, from my experience, its not about what evidence you have, but who you get to look at it. i fought for OSA from 2008 till 2019 when i finally won. the only evidence that changed was some added lay statments. all the medical evidence was there. just took the right person to put the puzzle together. i am sure raters are rushed on things and miss things, not on purpose but bc they simply dont have the time and resourses to do their job the best they can. and this gets to the heart of the matter:

DONT GIVE UP! KEEP PUSHING! ONE FOOT IN FRONT OF THE OTHER! 

ok rant over lol

[Vync]

@blahsaysme2u Yep, I agree. By the time appealed claims are granted, months or years have gone by. The employees and C&P contractors never really learn from their mistakes nor are held accountable for their mistakes. It makes me wonder if someone goes back and counsels them so they don't keep repeating the same mistakes...

[blahsaysme2u]

be nice if that info was public knowledge...might make them act better...like not dox them but at least have some way to have numbers

XX# of mistakes by RATERS AT XXX OFFICE

or even when we win a case personally- XX MISTAKE WAS MADE BY RATER AND HAS BEEN COUNSELED TO BETTER ADJUDICATE FUTURE CLAIMS

not exactly like that but you get the point...more transparency would give vets more faith in the process

[FormerMember]

An interesting perspective. Everything there is to know about CUE has already been archived here. All of you just need to look up the accrued wisdom from the CUE meister. Can it be that VA CUE law has been clarified like butter? Maybe. Maybe not. I do hope someone comes along to help you LJL. That is the purpose of the website from what I've been told. Maybe things have changed in this particular subforum. Best of luck.