The VBA processed my CUE as a supplemental claim and now it's in limbo

[MoDiggler]

First time posting here. Up until now I've been able to navigate the system on my own for the most part. Had an attorney for a while and that didn't work out so I'm on my own and need a voice of opinion rather than reading something from a few months ago. I apologize if this becomes a long read.

I enlisted in the Marines in 1995 for four years during which I re-enlisted for another four years. I completed my first contract without any issues however that wasn't the case with my second period of enlistment. Six months into my second enlistment I was discharged with an OTH in 1999. While processing out, a representative from the San Diego VBA showed up to meet with all the servicemembers that are getting discharged and she tells me I still qualify for benefits and to go see her at the RO to fill out a claim for benefits. I had been severely injured during my first enlistment along with some broken bones, skin rash and scars. Looking back I guess she was trying to make sure I didn't slip through the cracks because I was told by everyone, Staff NCO's, Platoon Commander, CO, that I wasn't entitled to receive benefits because on my OTH. So, the day after I get released from service I go to the San Diego VBA and fill out a claims packet. The same representative that I saw on base was the same that helped me file the claim. She told me to make sure to write down that I had two enlistments, one was completed with honorable service and the second was OTH. She also told me to request a hearing at the VARO to substantiate my claim since my records were still at Marine HQ. So I do all that and the RO starts sending me letters asking me to provide the facts and circumstances surrounding my discharge which I had no clue what they were referring to. Even when I asked I couldn't get a straight answer. I gave them what records I was able to copy before getting out so I didn't know what to do. I called and spoke to the same rep that helped me file my claim and she stated that she didn't know why the ratings team was requiring me to provide facts and circumstances and told me there was nothing she could do. I was given a C&P exam which confirmed all the injuries I had gotten in service and gave the findings to the ratings authority which couldn't do anything until I was deemed eligible to receive benefits. This whole process began in November 1999 and lasted through March 28, 2000 when they denied my claim for benefits. The reason, inability to furnish facts and circumstances surrounding my discharge. 

After that letter, I was discouraged from filing an appeal or seeking benefits. I eventually got my benefits seven years later and forgot about the whole thing until recently. It turns out, I was eligible the whole time and the decision makers were well aware of my two enlistments and the fact I served the first one honorably. They had already began the process of determining my eligibility a few days before I was discharged and were set on this path of processing my eligibility under my OTH. It's amazing the stuff I've found in my c-file. Anyways, I tell my former attorney about this and he seemed intrigued enough to file a CUE for me using a supplemental claims form. This was September 09, 2022. A few months go by and they have me take an exam for two issues that were from the 1999 examiners report which made me think I had a valid CUE. Turns out, they processed my CUE as a supplemental claim and picked two random issues to adjudicate which they processed as if I had just filed for them. One was for a burn scar which is gone now and the other for a rash I had from taking the anthrax vaccine. It ran rampant all over my body and would go away and come back. This cycle repeated itself for about three to four years after I got out and prevented me from doing anything unless I was covered up. It was a bad time but now, now I get one or two spots on my arms, chest and groin area which isn't enough to warrant compensation but it did BACK THEN. So I get my decision letter and there's no mention of CUE anywhere on the letter. I've done CUE's in the past and it's shows up as a new claim with a decision letter addressing the error and why it's valid or not. This letter contained none of that which made me a little upset because the paperwork stated my claim for CUE and was very clear on the supplemental claims form as well, that this was a CUE, not a supplemental claim. 

After a few days I decide to re-submit my CUE using no form, just a three paged document that stated what I wanted the VBA to do. Look at my claim for CUE, tell me I'm right or tell me I'm wrong and why, so I can appeal it or be done with the whole thing. I fax it over and they day they receive it is the day they closed it. I decided to use the message portal online to find out what's going on with my CUE. They eventually get back to me and tell me that they're already adjudicated the CUE and to read the decision letter which is the very same letter that mentions nothing about my CUE. I respond by pointing out the differences between a supplemental claim and a cue and ask them to provide me a response as to what part of my decision letter I need to reference in regards to their "decision". A few days go by and they tell me the matter is closed. I call the 1800 number and get somebody that doesn't have the slightest clue what a CUE is. I try again the next day and they tell me to appeal the decision and I ask them to tell me what the grounds of my appeal should be since the neither confirmed nor denied my CUE. I decided to go online and try requesting a higher level review and stated why I was appealing the supplemental claims decision and they close it the same day I file it. I call the White House complaint line and after a few minutes they transfer me back to the 1800 number to speak with a representative that didn't know what they were talking about. He did finally acknowledge that my CUE was processed as a supplemental but told me to appeal the decision and that CUE's aren't for effective dates. I just hung up the phone before I said something stupid. So now I'm going on seven months and still haven't filed my CUE. I feel like I've hit a wall with this thing and I don't know what to do. Any suggestions will be greatly appreciated. I don't see a way to post documents on here but will do so once I find out if that's possible or not. Thank you.

[john999]

The errors for CUE claims usually have to be as big as a bill board on the interstate.  There cannot be any need of judgement or thought involved.  The errors must be so obvious that any idiot (besides VA) can understand it.

[Vync]

@john999 It definitely has to be obvious, but sometimes it is not obvious until you connect the dots. For mine, chose to spoon feed the details by explaining the errors which were made, referenced laws and regs which were in effect at the time the error occurred, and described how I would benefit if the error was not made. I tried to make it so simple that the VA need only verify and confirm.

 

[john999]

That is good Vync.  You did your job!

[Vync]

@john999 We are our own best advocates. Might as well share the knowledge so that it might help another vet receive a just decision.