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    • I always thought by law a FOIA request needed to be addressed within 30 days.  This is what I found on Ebenefits (keep in mind I originally submitted a FOIA for my C-File and any related rating documents 11/2014  but apparently they now have no record of the request.  I submitted the request again in May and didn't even receive acknowledgement until July. Status of Your Claim Gathering of Evidence Submitted: 05/27/2016 (Freedom of Information Act / Privacy Act Request) Estimated Completion: 01/31/2018 - 01/18/2019 Estimated Completion Info Tooltip with additional information
    • Sometimes the VA will call a CUE on themselves when they see that they are clearly wrong.  I claimed SMC  "S" based on Bradley VS Peake.  I did not know I was filing a CUE, but the VA said they had made a CUE.  I got this very quickly.  On the other hand,  I filed a CUE claim due to defective decision in my original claim.  I spent 8 years on that and lost.  When you file a CUE claim it is a claim like other claims except  you don't  have protections like "benefit of doubt".   The VA must make a decision on the CUE and you can appeal that decision.   Asknod says a CUE should be visible from the moon.  The error must be so clear and undebatable that it flashes like a neon sign.   I really found out the hard way.  Reason, logic , right or wrong have little to do with it.  When I got "S" I got a decision that stated the VA had declared a CUE and I got my SMC and 2 years retro.  There is no secret CUE.  It is a decision like any other except it has strong powers and many problems getting there.
    • don't post our decision for me or anyone else but until I can see this BS. I could be wrong just don't add up.
    • sounds good to make yourself look good I got to see it to believe it. Maybe the VA is changing but not that much If I win a cue claim in 3 months I would post decision but that's just me just make sure it has cue in decision lol.
    • I look all over the net and still cant find a CUE REVIEW WHAT THE HELL IS IT. Can  anybody explain this to us all?? The only cue review is from your post. when you get your decision post how VA says  it was a CUE or reconsideration. You just don't win a cue for an EED WITHOUT THE CLAIM being close and you won a cue in three months don't sound right .jmho  RU





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tmoe

Augusta Ga Va Clothing Allowance

30 posts in this topic

I know this has been mention 100 times,but this is what VA is trying to do with clothing allowance, I had a back brace that was not through

VA and the first guy says it has to be through VA to get paid. My responce was I don't get care for my back from VA, its through

a private Dr, VA won't see me for my back problem. So the supervisor who pays clothing was in a meeting until I ask for the regulation

that says it has to be issue through VA to get paid,they could'nt. Then she says I have to appeal the decision and to write a NOD as

to why I disagree, so I ask for paper to write my disagreement she don't have any, so one of the co worker gave me some paper and

told me to write everything they said and before I could get it wrote the supervisor say stop right there sign it I will pay you for the brace.

I was suppose to get three but my left hand is not sc for carpal tunnel just the right and the back. I just had to show the prescription for

my back brace and the brace it self. So dont let them s**t you they must pay you. ALL this was after I recieve my letter, just got paid for

one,but was denied 2 other. Now the back brace was approve today!!

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tmoe - thanks for the great info!!! I'm sure it'll help someone.

pr

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tmoe -

I received a letter months ago and still haven't seen any cloting allowance from the Augusta VAMC. I too applied for dual and was told over the phone that I was only approved single.

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I am still waiting on my clothing allowance. I called the prosthetics department and I was told that they are still processing it.

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First to be sure, the VA isn't going to pay more than two clothing allowances to any veteran. The rules only call for payment of two , not three. four or more. Now, to be sure, if your brace was not issued by the VA then legally according to VA Handbook 1173.15 they cannot and should not pay you any clothing allowance. So if you got a brace from the private sector and the VA employee agreed to pay you the clothing allowance they are breaking the Law. You really should download a copy of the handbook and read it. The VA here in San Antonio will not only refuse to pay a clothing allowance for a private sector issued brace, but they also refuse to pay a clothing allowance if your brace or appliance was issued by a different VA Hospital or A Military Hospital. The Handbook specifically states that the item must be issued by the VA, ( not the Local VA). The new clothing allowance form shows an example of an appliance being issued by Walter Reed Medical Center... so even the example on the form contradicts the Handbook. I presently am fighting with VA San Antonio because of refusal to pay the second clothing allowance because as they stated they did not issue my AFO, Canadian crutches , or manual wheelchair... at the local va there fore even when I present medical records showing they were issued at other va medical centers they still refuse to pay for the second clothing allowance. I generated a congressional inquiry today after playing their games for over a year. So in response to your last sentence, what you were told was against the law, and no other veteran should expect to be paid for a clothing allowance under the conditions you outlined, The appliance that warrants the clothing allowance by law must be issued by the VA for a service connected issue.

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Teac,dont know who told you you are allowed only two clothing because i only filed for two but they had me for three and this was why

the allowances are late because people are filing 3-4 clothing or this is what Augusta been telling me. I say again VA DON'T TREAT

ME for my sc back but I have a prescription for a back brace from private doctor she says she would pay me for it thats all I said. San

Antonio could be giving you some of their bull because that don't even sound right you can/t use a brace from another VA who prescribe it

you go back and read that handbook some more. I got my letter tuesday money 741.00 in bank wednesday now waiting for the second

allowance so believe as you will. This is why I don.t post because I get call a liar or telling something wrong but it ok I got mine only trying

to help another person

Edited by tmoe

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