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Cue

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Jay Johnson

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I was recently told by my contact in the Seattle RO (part of team 1?) to file a CUE based on the regulations broken in my wife's recent decision. When I posted the CUE(s) I had written to Hadit I was told that I could not file CUE until we had exhausted her appeals process, so I decided to hold off. Today, I spoke with my contact again and he clarified the process for me....he said not only could I file a CUE right now (just putting in for DRO as well), but both my DRO and CUE will be handled seperately (IE - I can appeal the CUE decision AND appeal the DRO decision if both turn out to be unfavorable). He also said that the CUE goes directly to the "coach of the appeals team" and shouldn't take longer then a few months AND this can be done WHILE my appeal is in for DRO. If I do not agree with the "coach of appeals" decision I can appeal it to the BVA along with any appeal I may have for the pending DRO.

Now, this is one man's opinion on the matter and I am just starting the process, but this individual works with the rating teams (he puts together all of your evidence, claims, etc and personally brings them to the raters). So, I will try to give updates to the case to see if this is, indeed, the truth.

P.S. - He isn't the first person in the RO to tell me I could CUE whenever I wanted....apparently, finality isn't whether you have exhauste appeals, it's whether or not the RO has made a written final decision (which is just the beginning of the appeals process). If this turns out to be correct we could go after the RO on two fronts at once....cross your fingers:-)

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"it's whether or not the RO has made a written final decision" that has never been appealed.

If you are within the year for timely appeal, I do not see how this would qualify as basis for a CUE claim at all.

Why would someone try to file a CUE when they have appeal rights that can fully correct the potential CUE situation by filing a NOD and pursuing all issues that are incorrect?

I dont see how the VA would even have jurisdiction over it such as within:

http://www.va.gov/vetapp05/files2/0508478.txt

I cannot imagine what your contact would mean by

"He also said that the CUE goes directly to the "coach of the appeals team" and shouldn't take longer then a few months AND this can be done WHILE my appeal is in for DRO."

I have been waiting for well over a year on 2 CUES that the DRO will handle .These are on final VA decisions that were never appealed or even in the appeals process, and the year for timely appeal has been over since 1997.

There are separate from my DRO appeal.

If your CUE scenario is based on the same DRO claim stuff-which is

in the appeals process now- I cannot imagine where this guy is getting his information-

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"it's whether or not the RO has made a written final decision" that has never been appealed.

If you are within the year for timely appeal, I do not see how this would qualify as basis for a CUE claim at all.

Why would someone try to file a CUE when they have appeal rights that can fully correct the potential CUE situation by filing a NOD and pursuing all issues that are incorrect?

I dont see how the VA would even have jurisdiction over it such as within:

http://www.va.gov/vetapp05/files2/0508478.txt

I cannot imagine what your contact would mean by

"He also said that the CUE goes directly to the "coach of the appeals team" and shouldn't take longer then a few months AND this can be done WHILE my appeal is in for DRO."

I have been waiting for well over a year on 2 CUES that the DRO will handle .These are on final VA decisions that were never appealed or even in the appeals process, and the year for timely appeal has been over since 1997.

There are separate from my DRO appeal.

If your CUE scenario is based on the same DRO claim stuff-which is

in the appeals process now- I cannot imagine where this guy is getting his information-

I spoke with a few other people in the Seattle RO and they said, essentially, the same thing. A CUE is an argument based solely on the merits of regulation; whereas, an appeal is based on the medical merit of the claim. I understand what you're saying, but this is now like 5 people within the RO that have said that one may argue CUE (based on misrepresentation of regulations) while filing appeals through normal channels (IE - DRO). The two claims take seperate paths in that the CUE goes right to the top and is awarded based on regs alone and the appeal goes through a DRO reviewer and the entire case is looked at. Essentially, the CUE is reviewed by a different person then the DRO and your C-file is NOT taken into consideration...whatever evidence you provide the CUE reviewer is what he/she uses to rule on the claim and if you get a favorable review you can drop your DRo and vice-versa.

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