regardind filing a cue

[retiredat44]

I had to file the CUE of mine, on my own. I filed online directly the Wisconsin VA claims office. I search the filing claims, and there is no CUE claim form. I filed it as any claim would be filed and wrote it as a CUE. Since the only feedback I got was the usual denial, to which I have rebutted each denial with solid evidence that they were wrong and I am right, with the copies of al VA correspondence evidence. I never got any feedback from them with any help at all. I wish I could have had professional, help. I did get some great help her eon Hadit, using a template. But, putting on a regular claim form is difficult, as the claim form, I believe is not right for a CUE. But, the VA doesn't care and expect you to use it the way it is. It doesn't allow you to present the CUE properly. Correct me if I am wrong. I just feel it is much harder to break the mold and present the CUE as CUE, their crappy form is formatted. Terrible for CUE. IMHO.

[retiredat44]

BTW, I had to take it to higher lever review, the first bozo at the VA was totally cluelss. and not worth going into the absolutely stupid response I got back after waiting the first a couple of months. After that, al my response back for 6 more months went to the Higher Level non-sense. Also, they send you the denials for only one item at a time. if they had told me upfront al of the items in the denials, I would have sent the further evidence all at one time. Not peace meal stretching months and months of back and forth lies and non-sense. Again, dealing with nincompoops and va employees who live to deny. (sorry, but I am holding back so much after this b.s. since the 1990's !!)

[pacmanx1]

2 hours ago, retiredat44 said:

Correct me if I am wrong.

I would say not to lose sight and or focus. If you have evidence and or documents that you want the VA to review, you can always fill out the proper form (Whatever form they tell you to fill out) and state somewhere on the form please see/review attached singed CUE Claim or CUE Request.

Not sure if the VA does it on purpose or they are trying to delay but after 2019, all claims must be submitted on the proper form even though the regulation states that there is no proper form to file a CUE claim and a plain sheet of paper should suffice but the VA is forcing veterans to jump through hoops to try to figure out what is the proper form. Just file your appeal and let the Board review your documents. The only thing the regulation say about a CUE claim is that it must meet the criteria and be signed.

Now to the point, if you filed a claim and the VA denied your claim, you have to file an appeal. Don’t let the VA confuse you or cause you to delay in filing an appeal.  The quicker you file your appeal the sooner it will get to the Board. Keep in mind that the Board will review all your submitted evidence and make their own decision. Currently right now it is taking the Board close to two (2) years to get a Direct Review Decision so don’t waste your time.

[Vync]

I agree with @pacmanx1. The VA bumbled my CUE submission for six months while they were trying to determine which form I needed to fill out. When I found this out, I sent a supplemental form which referenced the previous CUE submission. I also provided them with a link to M21-1 which said a CUE does not need to be submitted on a specific form. I won one CUE via supplemental, but the other I had to take up through HLR and it is currently waiting at the BVA...

The HLR rep is supposed to treat your claim in similar fashion to a CUE. They will not entertain new evidence (that's what supplemental is for). However, you do get to have benefit of the doubt in your favor because you are still within your appeal window.

[john999]

I don't know if I would really be up to fighting a long CUE these days unless I could just hand it off to a lawyer.  I waited 6 years for final denial on my CUE.  I was asking for 30 years of retro at 100% level.  You can imagine how that went over with the VA.

[Vync]

@john999 Yeah, for something that big a lawyer would be beneficial. I have had mixed durations. I had one that took a month, another that took three months, one that took about one year, and the last is still active after about three years. I guess it comes down to the situation, the knowledge of the person making the decisions, and the traditional red tape that comes with it.

[john999]

Berta was a real expert with CUE's.  She did many over the death of her husband.  If you are really good at it you could probably make a living doing them for others.  CUE's to me are like SMC law where it is so tricky most VA reps don't even understand them.  I don't think most lawyers understand them either.  My lawyer did not really understand my CUE.  He was using legal standards like for SSA.  The VA fooled him with "Reasonable Minds" and all that hogwash.