Is it possible, or advisable, to file a CUE for a decision that excluded TDIU consideration, while concurrently having a new claim filed for TDIU?
I should have filed a CUE, given the success of a case posted here by the member named Dustoff 11, (posted Tuesday at 10:26 AM):
Some back story here:
I filed my original claims in 2016, for which I was granted 80% combined. My attorney included "failed to consider TDIU" on our NOD following that decision of 80%.
Yet again, the response to my NOD from the VA made no mention of TDIU.
Fast forward to January 2022, I filed the TDIU request form, VA Form 21-8940, the official VA form to apply for Total Disability Based on Individual Unemployability (TDIU).
However, it appears I may have a CUE concerning TDIU based on what was said by Dustoff 11 on the thread linked above. Based also on the fact that VA has ignored my issue of TDIU twice. First, in its failure to respond to an inferred claim of TDIU in my original claim and second in its failure to acknowledge TDIU stated on the NOD.
My question is, is it possible (or even advisable) to file a CUE for failure to consider TDIU in the original claim and again on the NOD? All VA health records repeatedly show employability issues that VA could not have missed, given the evidence they cited in their response to my NOD. Can I file a CUE on this matter of TDIU even while I have a pending TDIU claim filed as of January 2022?
What should I do?
How long do CUEs take? Should I withdraw my TDIU claim filed in January 2022? The difference is BACK PAY, one with an effective date much earlier.
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Rivet62
Is it possible, or advisable, to file a CUE for a decision that excluded TDIU consideration, while concurrently having a new claim filed for TDIU?
I should have filed a CUE, given the success of a case posted here by the member named Dustoff 11, (posted Tuesday at 10:26 AM):
Some back story here:
I filed my original claims in 2016, for which I was granted 80% combined. My attorney included "failed to consider TDIU" on our NOD following that decision of 80%.
Yet again, the response to my NOD from the VA made no mention of TDIU.
Fast forward to January 2022, I filed the TDIU request form, VA Form 21-8940, the official VA form to apply for Total Disability Based on Individual Unemployability (TDIU).
However, it appears I may have a CUE concerning TDIU based on what was said by Dustoff 11 on the thread linked above. Based also on the fact that VA has ignored my issue of TDIU twice. First, in its failure to respond to an inferred claim of TDIU in my original claim and second in its failure to acknowledge TDIU stated on the NOD.
My question is, is it possible (or even advisable) to file a CUE for failure to consider TDIU in the original claim and again on the NOD? All VA health records repeatedly show employability issues that VA could not have missed, given the evidence they cited in their response to my NOD. Can I file a CUE on this matter of TDIU even while I have a pending TDIU claim filed as of January 2022?
What should I do?
How long do CUEs take? Should I withdraw my TDIU claim filed in January 2022? The difference is BACK PAY, one with an effective date much earlier.
What should I do? What can I do?
Clarity
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