Buck, I just replied to a new member here and remembered in my reply, that many many years ago I fought a VARO decision but I gave up on pursuing it because I was working on a re opened claim (that became my most important claim with the VA).
But if a claimant feels something is wrong with any RO decision they should NEVER give up.
Years after my few attempts to get the older decision corrected , I had forgotten about it, but the Regional Counsel was asked to verify the FTCA issues in my past claims -due to my re opened death claim, and he immediately went over my whole C file, saw the letters I had sent to them with legal evidence on the issue I gave up on, and he called a CUE on them. They had to pay me over 40 Thousand in retro.I should have Cued them myself and could have...but I was battle weary from the other claims I had.
If VA made any CUE on those past decision you have, the CUE will be found in their Reasons and Bases sections and in the Evidence list.
On CUE we have to narrow our focus solely to what was in VA's possession at time of alledged CUE, and if VA used all of our probative evidence, and if their error manifested an altered outcome, detrimental to us (meaning they owe more cash.).
I posted a CUE for another member the other day. There are more templates here as well. We can help more when we see the actual words of the VA.
There is no time limit for CUE. And these types of 'claims'( CUE isnt really a claim at all, it is a 'frontal assault' on a RO or BVA decision, mean we have to take the time to really go over the issues carefully, and be careful how we word the CUE we file and be very specific when we define the regulation(s) they broke.
No. Unless you have a court order forbiding contact with an individual or agency, then they can not stop you. We are not under orders to "obey" general council.
This said, you dont want to irritate them and remember, you get more flies with honey than vinegar.
If you have given POA to another (such as an attorney), then the VA does not want to deal with you..only with your attorney. Likewise, if you have a VSO, the VA often passes the buck and tells you to contact them for answers. Yea, right. Like we can get VSO's to return our calls.
Its understandable the attorney does not want you dealing "behind his back" and needs to fully be "in the loop" in everything regarding your case. Its an embarrassment to him if stuff is going on he does not know about..its his job to know! You really dont want to alienate your attorney, if you have one, by doing stuff behind his back. Let the attorney do his job, and contact him with questions, not the RO, or a VSO.
I simply suggest you call Dennis Shepard, and ask him to explain, why he does not want you contacting the RO. My guess is that it is for reasons I mentioned above. However, does this attorney represent you? State VSO's may have some legal representation for Vets that need it, and you could be one.
I had a pro bono NVLSP attorney, who represented me.
Roger that Gastone..when I finally did get to view it they watched me like a hawk was very hard to concentrate on what I was looking for.
I am glad the C-file's are being digitized I got mine in on Monday of this week
The C-FILE CD came as a single PDF File - All content was scanned and placed into a single Adobe Acrobat file (.PDF) - which was nothing but images; being they were scanned. Fortunately, I had purchased a copy of Adobe Acrobat Professional and it has the feature to take the PDF and search the images for text recognition characters and gave me the ability to search the PDF file as a text file - the only downside is it does not understand majority of handwriting, but does pick up some that is neatly written.
This sure makes it easier to find things.
I have All this information in my lap-top and the orginal CD-rom I put up for safe keeping.
"So my question is: Can the VA General Counsel stop me from talking to them or even emailing them? I came down with pancreatic cancer after being exposed to radiation from the HAWK Missile System."
Dennis Shepherd is a staff attorney for Tammy Kennedy, Office of Chief Counsel, VA-Nashville Tennessee.
Do you have any documented statement from Shepherd? OGC district lawyers have very little involvement with the claims process.
A Regional Counsel caught a CUE in a past VA decision for me. I had fought them on it long ago but then just gave up.Something I never did before.One should NEVER give up.
I was too involved in re opening a claim at that time.
It was an unusual situation for the RC to even look into because I had re-opened a claim, but ,due to the circumstances, he had to verify something with them and the OGC in DC, and he called the CUE on the VA right away. It was a large monetary retro award.
Still I never heard of anything like you stated....for a staff attorney to get involved in this type of issue.
Obviously if VA checked the wrong Branch of service you were in, something is amiss.
Can you scan and attach their denials here, as to their Reasons and Bases part and the Evidence list.?
(Cover your name , C file number, etc etc.)
Buck52 thanks for the info, I saw the pay chart that is current for time being for compensation. For what's allowed to me as a single vet no kids or spouse it is 836.13. My question was just if I was gonna be paid again in Aug. but thanks for the information. My claim is under review again for adding compensation and should be decided by the the nd of the year. Just wanted to make sure I didn't over spend just in case you know. But yeah, my letter said I awarded that much and so does my ebenefits account. Glad I had my paperwork and files and everything sorted and documented. Made everything go smooth with no hitch. Thanks again for the help boss.
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