Letter For Reconsideration Must State " Cue"

[jessie0054]

Hello All:

I got a reply back this morning from my son's Service Officer and he said that i should write a letter asking for a reconsideration and state in the letter that there was a CUE because in his words " VA will not reconsider unless there is a CUE in their decision"

Question??

Is this the right way to handle this.

Should i use everything that was incorect in the Decision to tear it appart?? There were many statements that were not truthfull!!

Any advice is greatly appreciated!!

Thanks,

Jessie :D

[john999]

Jesse

I have never heard that for the VA to reconsider a decision there must be a CUE. I understood that you could ask for reconsideration if you had new evidence before you file the NOD and get into the appeals process. A CUE is not a request for reconsideration from everything I understand.

[Berta]

It is unfortunate that Reconsideration Requests do not have many specifics to go by.

The 2006 VBM says very little about this type of request.

The request should be made within 60 days of the initial denial-

This is the same as the SOC response time that they want to lower to 30 days- as I mentioned regarding the new proposed regulation.

But a request can also be made after the 60 days expire and then it becomes a re-open issue but still must be done within the year after the denial- as well as NOD filed within that time frame also so that appeal rights are preserved - a reconsideration request does NOT stop the NOD clock.

You were given a period of time -in that decision-for response to the decision-

so this should be filed within that response period.

The reconsideration request should be very specific as to what they did wrong and what they overlooked.Focus on the exact reasons and bases they denied on and give them evidence that proves them wrong.

I mentioned here one that I filed on a CUE claim denial.

They gave one sole reason for denial.They denied stating that the veteran had no accrued SMC because he had never filed a Section 1151 in his lifetime, thus there was no SMC accrued.

They did not challenge any other basis of the CUE claim.

I had presented evidence of legal error that was indisputable per established VA case law and also in the file at time of death.

Their statement was not true and his Sec 1151 claim is right in the c file,I also expanded on the proof that this claim had been filed with the RO and was in a rating board for 3 months when he died and became re-opened on my part a few months later.

I asked for reconsideration because I focused on the sole issue of their denial and their denial was not supported by fact.

The veteran's Sec 1151 claim is in the c file.

The claim went back to a rater.

You have to have them reconsider what they decided -based on proof of their error.

Let me use another example-

My daughter got Chapter 35 award for one month!

She is using CHap 35 for her Masters.That will take years.

The VA saw her award letter, her DD 214, and her age ( 25) when she applied and she clearly filled out the part that extends dependents who are veterans -Chap 35 by military service.

She was supposed to get 7 years and one month of Chapter 35.

I had a choice- send them a Reconsideration Request or a NOD.

Either one would require the same thing-

We sent a NOD, the DD 214 ,and the whole shibang again and also included the regs that extend her VA Chap 35 benefits for 7 more years.

Within 3 weeks the VA fixed her and extended her Chap 35 for one month and 7 years.

I got a decision on some money they owed me long long ago-

burial expense -I forget what it was-

I asked the VA to Reconsider their decision as to how they are adding and multiplying at the VA because they committed a CUE in the amount they owed me in the decision I got.

I could have filed a NOD instead of this reconsideration request-

either way I sent them evidence of their error

( something like Math for Dummies) and they sent me the money they owed me in a few weeks.

Basically the same thing but a Reconsideration Request can often move faster then a NOD.

[sixthscents]

You do not need to file a CUE, as Brenda pointed out. A simple request for reconsideration would do just fine, and will probably (based upon my experience) process quicker than a new NOD. Take it exactly as she states, by addressing the raters comments, and refuting them in a logical, consice (yeah I know... I can be consice when I have too) and straightforeward approach. Use the evidence you have, or if necessary get new evidence in the form of IMO or testing to address these specific issues. If you do not have the time and the clock is ticking down, address what you can, and state that you are requesting reconsideration but are gathering further evidence to support the claim.

Terry,

You do not lose your rights to appeal. You never, to my knowlege, lose your rights if you respond within the necessary timeframe. Please show me where you are getting this from. To my knowlege the request for reconsideration IS an appeal....just an informal one.. anyone want to chime in here?

[Berta]

Sixthsense-

what you said sure bears repeating:

"You do not lose your rights to appeal. You never, to my knowlege, lose your rights if you respond within the necessary timeframe"

Even to continue the claim with more evidence- it is amazing what a vet can come up with-that could trigger them to revisit any denials.

I too see Reconsideration as part of the appeal process.

In essense you are asking the VA to CUE itself-but I dont advise putting it that way-

If the errors are there and you state them well and well they are errors that will alter the outcome when they are corrected ,this can be technically the same as a NOD but possibly handled faster.

It isnt for disagreements as to diagnosis or level of disability unless you are prepared to attach the specific rating schedule and the specific medical evidence you have to show they rated you wrong.That makes it easier for them.

I am beginning to think every vet with a claim for higher rating should highlight the actual rating schedule part as it applies to their disability and their evidence and then refer directly to the specific evidence they have that supports the rating they want.

[jessie0054]

:D Just wanted to say a big thank you to all who replied!!!

With out you guy's and gal's i know without your advice my son would have never even gotten a Service Connection in the first place.

Now i just want them to rate him at what he should be getting.

Thanks again for the great advice!!

Jessie

[sixthscents]

Honestly the biggest thing to getting the right compensation is just dont give up. It's a process, and sometimes its screwed up, but right now its theonly game in town and if you give up and quit when you KNOW you are right... "they" win. Its not the VA per-sae... its our government, of which the VA is part of.

I dont buy into "conspiracies" much, but I do believe that there is a passive conspiracy when it comes to the VA, on almost all levels. Funding, management, everything seems almost antagonistic to the veteran. I was caught in the system as well until I finally was able to prove what I was claiming... prove beyond a shadow of a doubt... since then its been easy... honestly really really easy. I say I need something, and it happens. Yet it was a long long road in getting here.

So, my advise to ANY veteran is simple... dont give up.

[jessie0054]

Sixthscents:

Thanks for the words of encouragement!! I don't plan on giving up!! I told the VA when i started this trail that i wasn't going to go away. The military made my son sick [ i've proven that ] and someone needs to be held accountable for his illiness and to compensate him for it. A 0% rating isn't compensation he should be getting at least a 40% for having to have phlebotomies done. I won't give up until he gets it.

Jessie

[Stretch]

My claims were denied by the BVA in 1985. I was told that this was all the further that they could go and to forget about it. The DAV and VA had told me the same thing in 1985.

Recently, in my VA decision, my back claim was reopened and denied. I wanted it continued not reopened. It is still hanging as reopened. I am totally confused with what to do about this. There is no doubt that the claim will be awarded, but it is my feeling that the VA is trying to shrug off an earlier effective date and trying to get me to accept a newer date.

[tssnave]

Terry,

How is it that your Schizod claim would have an effective date 22 years ago? Did you originally file for it 22 years ago or is there some other way to back date a claim?

I wish I would have filed 25 years ago for my mental disorder when I got out of service but I didn't.

I think everyone here would get a HUGE kick out of the VA paying a 100% claim backdated for 22 years!! Imagine the number of signatures that check would take before it got cut! ;-)

Thanks,

ts