this wasn't a cue claim right as some say they won lately
just show evidence in the decision where VA say a CUE
was committed and its in all CUE claims decisions I'VE seen which ant many
this topic was for CUE claims correct this is not one. A lot of people win cues but
cant post a decision where VA say IT was a CUE in the decision and to me its either lying
or you just forgot like this vet lie for a purple heart and benefits you just don't know
everybody who to trust. People will lie and so can I but what can I win with a lie
paper work proves everything. jmho
SSD will often send a person for what they call a Second Opinion exam and what we call a C&P exam. They are just as tricky as the VA. The key phrase in a SSD claim is " claimant is totally disabled from all work for at least one year". SSD only cares that you can't do any work and that you have enough quarters paying SSA to meet the requirements. They are not concerned with service connection vs non service connection like the VA. It is routine to have to hire a lawyer to win your SSD claim. Some of us get lucky and get it the first time around but are in a minority. If you can win a SSD claim based entirely on your military service then you should be able to get at least TDIU from the VA.
So, I woke up to encouraging news from e-benefits. It still says gathering dust, but it's asking for two things from me:
One is to update my Finacial institution immediately. We can only pay EFT or pre-paid Credit Card.
The second was to update some form that deals with my dependants.
It looks like something is happening. I will post redacted copies when I get to my desktop later today. I also owe a copy of my Dr's nexus letter.
I hope some of this helps other legitimate claim veterans.
This letter below grew out of a CUE claim I filed in 2001-2002? and I had forgotten....the VA denied it citing Neal V Derwinski-which had nothing to do with this specific issue.I dont remember where the NOD is , because I had just started AMU and also was more concerned about a AO DMII claim my daughter insisted that I file.
When the VA got the AO DMII claim in 2003, they had to request info from the Regional Counsel Buffalo regarding the TORT claim . Even though they had my settlement papers as proof of the TORT,they checked with the RC,who ordered them to pay me, due to my 2001-2002 CUE claim he found in my C file.
I only posted one page of the money they owed me.
Up to that money, I had never received a DIC amount.The entire amount they owed me had been withheld since 1994..
Then in 2010 the VA owed me the entire offset amount,due to the 2003 AO DMII claim I had filed.
The Office of General Counsel had to order them to send me that payment because they,my RO, refused to pay me that too.....I didnt file CUE but could have. It was easier for me to call the General Counsel in DC to get that resolved.
This was an unusual situation.If one receives a TORT amount as for wrongful death, as I did, but then successfully proves the VA caused the death of a veteran with AO malpracticed conditions ( IHD,DMII, HBP) the death is then directly service connected and the VA must refund the VA offset amount of the TORT.I negotiated the offset.Their payment for pain and suffering was much higher than the offset.
I have yet to find any similar case at the BVA or CAVC.
This was the first CUE award I had and it came from the Regional Counsel, Jeff Whiting,Buffalo NY, due to the CUE he saw in my C file.
Oct 17 2003
111 WEST HURON STREET
BUFFALO NEW YORK 14202
BERTA M SIMMONS
In Reply Refer To:
"Dear Mrs. Simmons:
We have received instruction from the Office of the Regional Counsel concerning the amount of
offset of V A benefits due to the tort settlement you received.
What Did We Decide?
The total amount of $59,700.00 paid for economic loss to you should be offset. There should
be no offset for the remaining portion of the settlement in the amount of ( redacted)
allocated for pain and suffering of the decedent.
What Is Your Entitlement Amount And Payment Start I
Your monthly entitlement amount is shown below:
Reason For Change
Nov 1, 1994
Dec 1, 1994
Dec 1, 1995
Dec 1, 1996
Frances turns 18
Dec 1, 1997
Dec 1, 1998
Dec 1, 1999
The above table is for reference only. You have already had more than $59,700.00 recouped
from your V A benefits. For computation purposes, we must return to your effective date for
benefits, recoup the $59,700.00, and then pay you the remainder of what you are due."
The next page shows the audit statement.They paid me 28 thousand but that was wrong.
Instead of filing CUE I wrote to their Finance department.showing them how they had completely forgotten one year of DIC and one dependent ,before my daughter joined the military .They then paid me the 11 thousand more they owed me.