I just dont get this. Us widows and widowers of vets are not privy to use ebenefits. We have to call Peggy and then go to the Ebenefits thing and hold on for someone to help us....I havent called the 800 Peggy number in over 6 months...and the IRIS request the rep said at that time he would file,has never been responded to by VA..
I waited for 70 minutes before someone took me off hold. The 800# woman was really nice and seemed willing to try to get a status for me on my issues.
About 6 months ago the rep did verify they had both of my claims and had received evidence in March 2013. I had sent all of my evidence with both claims in 2012 so I asked what claim was the evidence for (I think they had to check something with VA General Counsel and that would have been this evidence) but the rep didnt know what claim it regarded and filled an IRIS that VA never responded to.
Friday when I called the woman said my CUE claim was with a 'staff specialist' on August 8th 2013 regarding the NOD,and the VA had note in the PC of a 2007 claim they referred to.????
I think they needed to check the 2004 CUE claim I was awarded by Nehmer. I didnt file a 2007 claim.
Yippee at least someone is looking at this 2012 claim.:
Three issues:
I asked them to CUE themselves on one statement in their Nehmer award letter because they owe me more cash. I posted that claim here. I sent considerable evidence to support my charge of CUE.
2. I didnt get any acknowledgment on this CUE claim as the NOD deadline loomed close so I filed a NOD, referring them to the CUE claim, which was filed prior to the NOD.
Then I put a knot in their underwear, by filing a request for extension time frame for my NOD.
I cant wait to see how they handle all that.
A NOD time frame can be extended for “good cause”. I sent them the Good Cause reg from M21-1MR.
VA determines Good cause on a case to case basis.
(I do everything for eventual BVA decisions these days) and I studied some Good cause decisions at BVA.
I stated the “good cause” is the fact that my Nehmer award letter was legally erroneous in one statement,to my detriment as to the proper retro SMC 1151 amount.
Since the award letter was legally erroneous I therefore have had my rights impinged on,in being able to adequately preparing a proper NOD...forget exact words on that.
Since the CUE request was filed prior to my NOD,therefore VA is obligated to correct that error first, and then the extension request , and even the timely NOD I filed, would both be moot issues ,because I would have a proper decision and retro when VA rectifies their clear and unmistakable error in the Nehmer Award letter I received.
I am not worried about that claim at all.
However I have a Section 1151 claim pending as well and the 800 woman says it is not on the VA PC at all!!!!! It was a few months ago...?
WTF? Deja vu for me all over again.
But she said she would file an IRIS on that for me and I didn't even get angry this time,because they have lost some of my stuff in the past anyhow. I am used to that.
Depending on the IRIS response, I will know how to handle that problem.
The 1151 issue is a no brainer ,well supported by evidence from the General Counsel's office when they did a VACO medical review years ago.
I am sorry to gripe here but this crap happens because us widows cant use ebenefits.
I really dont think the VA lost my 1151 claim, and wish I could read the same PC screens that the 800s read.
I guess some of us hardcore claimants like me have so much that pops up on the VA PCs, it is hard for the 800 reps to determine where the status info is.
Sorry for this long gripe.......I just wish I could use ebenefits instead of the 800#.
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Berta
I just dont get this. Us widows and widowers of vets are not privy to use ebenefits. We have to call Peggy and then go to the Ebenefits thing and hold on for someone to help us....I havent called the 800 Peggy number in over 6 months...and the IRIS request the rep said at that time he would file,has never been responded to by VA..
I waited for 70 minutes before someone took me off hold. The 800# woman was really nice and seemed willing to try to get a status for me on my issues.
About 6 months ago the rep did verify they had both of my claims and had received evidence in March 2013. I had sent all of my evidence with both claims in 2012 so I asked what claim was the evidence for (I think they had to check something with VA General Counsel and that would have been this evidence) but the rep didnt know what claim it regarded and filled an IRIS that VA never responded to.
Friday when I called the woman said my CUE claim was with a 'staff specialist' on August 8th 2013 regarding the NOD,and the VA had note in the PC of a 2007 claim they referred to.????
I think they needed to check the 2004 CUE claim I was awarded by Nehmer. I didnt file a 2007 claim.
Yippee at least someone is looking at this 2012 claim.:
Three issues:
I asked them to CUE themselves on one statement in their Nehmer award letter because they owe me more cash. I posted that claim here. I sent considerable evidence to support my charge of CUE.
2. I didnt get any acknowledgment on this CUE claim as the NOD deadline loomed close so I filed a NOD, referring them to the CUE claim, which was filed prior to the NOD.
Then I put a knot in their underwear, by filing a request for extension time frame for my NOD.
I cant wait to see how they handle all that.
A NOD time frame can be extended for “good cause”. I sent them the Good Cause reg from M21-1MR.
VA determines Good cause on a case to case basis.
(I do everything for eventual BVA decisions these days) and I studied some Good cause decisions at BVA.
I stated the “good cause” is the fact that my Nehmer award letter was legally erroneous in one statement,to my detriment as to the proper retro SMC 1151 amount.
Since the award letter was legally erroneous I therefore have had my rights impinged on,in being able to adequately preparing a proper NOD...forget exact words on that.
Since the CUE request was filed prior to my NOD,therefore VA is obligated to correct that error first, and then the extension request , and even the timely NOD I filed, would both be moot issues ,because I would have a proper decision and retro when VA rectifies their clear and unmistakable error in the Nehmer Award letter I received.
I am not worried about that claim at all.
However I have a Section 1151 claim pending as well and the 800 woman says it is not on the VA PC at all!!!!! It was a few months ago...?
WTF? Deja vu for me all over again.
But she said she would file an IRIS on that for me and I didn't even get angry this time,because they have lost some of my stuff in the past anyhow. I am used to that.
Depending on the IRIS response, I will know how to handle that problem.
The 1151 issue is a no brainer ,well supported by evidence from the General Counsel's office when they did a VACO medical review years ago.
I am sorry to gripe here but this crap happens because us widows cant use ebenefits.
I really dont think the VA lost my 1151 claim, and wish I could read the same PC screens that the 800s read.
I guess some of us hardcore claimants like me have so much that pops up on the VA PCs, it is hard for the 800 reps to determine where the status info is.
Sorry for this long gripe.......I just wish I could use ebenefits instead of the 800#.
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