ptsd Fully Developed Cue

[SigBnSoldier]

Submitted CUE to Los Angeles RO on 5/6/15.

Evidence included-

7/21/2004 VA Form 21-4138 stating I was homeless with no mailing address at the present time

10/21/2004 Denial Decision letter mailed to address I had told VA I no longer lived at.

01/19/2005 2nd mailing of denial decision letter sent to the same wrong address again. This time RO handwrote in "C/O New Directions" but sent the letter to the same wrong address.

08/31/2004 Social Work Progress Note from VAMC stating place, address and phone number of new address in Santa Barbara I could be located at

11/10/2004 VAMC Los Angeles inpatient progress note stating I was returning to Santa Barbara.

01/19/2005 VAMC Los Angeles discharge summery note stating I was again returning to Santa Barbara Rescue Mission.

21-4138 Stating VA failed to follow proper mailing procedures and did not provide me with appellate rights. That I later, in 2012 won service connection for PTSD with Bipolar Disorder, and that effective date of 4/13/2012 was clear and unmistakable error, as well as the other contentions of that 2003 claim remained appealable.

So folks, do you think I've rebutted the presumption of regularity with this CUE claim?

[SigBnSoldier]

This morning I emailed DAV who was my POA at the time of the denial decision from 2004.  I asked them if VA ever notified them of that 10/26/2004 and remailing 1/19/2005 decision, here's their response-

 

Good Morning Mr. SigBnSoldier,

 

While reviewing your file, we have access to the file again, this is the Notification letter, it was not sent to us, but the VA will always CC us because we are your representative.

 

I have attached a copy of that decision letter.

 

The day of your hearing one of us will be representing you based on the last 2 of your SSN.

 

-DAV

 

So, I'm not really understanding if they were also notified, or what DAV means they were "cc'd".  Were they sent an email?  What to make of this?

[SigBnSoldier]

I received a letter from Janesville yesterday that said my appeal was certified to the board.  Ebenefits changed to reflect I have a video conference requested as of 9/15/16.

I've written a supplement to my form 9 and am still working on it.  I decided to add more to the form 9 after reading numerous CAVC cases stating the veteran did not raise certain issues so they had no jurisdiction over it.  I also read in depth some of the outrageous reasons for denial and the dissenting opinions.  

Winning presumption of regularity is tough, even tougher is winning equitable tolling due to homelessness coupled with mental illness.  I've gathered my GAF scores from the time period requested to be tolled, none are higher than 45, and they range between 15 and 45.  I've gathered evidence from the VA program the RO mailed and remailed the decision notice to, stating that I was not in that program at the time of those notices.  

I've done all this and more and probably have an additional 30 pages of evidence I'd like to present to the VLJ.

What should I do?  Present it at the video conference, or before?  I don't want this back at the RO so I'll definitely include a waiver or RO consideration.

Any suggestions?  RO rep told me on the phone video conference at San Diego RO, since I moved, sometime between late Nov and early Dec. 

[SigBnSoldier]

A few hours ago  I was called by a supervisor at the San Diego RO, where my appeal was moved to, telling me that what the supervisor at the LA RO told me, I would be getting a video hearing in late Nov or Early Dec, isn't going to happen.  That I would be getting a hearing in a year or two.  Needless to say I'm pretty angry.

Wondering if I should even go through with the hearing or just cancel it and submit my argument in writing.

Wondering also if I should send another email to Secy Bob telling him LARO promised me a hearing this year and as soon as they moved my file to San Diego they completely disregarded that.

[SigBnSoldier]

An Update--

Today I withdrew my video hearing request and instead uploaded a written argument I had intended to give orally at the video hearing.  I also uploaded 20 pages of additional supporting documents/evidence.

The status of my appeal on ebenefits already changed from Pending Hearing Scheduling to Intake Processing.

The question here is I'm wondering if I can apply for an advance on the docket.  My reasoning is that this whole CUE appeal is over an administrative error in that VA failed to mail me a decision notification from 2003  and I have the documentation to prove that.

Here's what I'm looking at that makes me question whether to ask for an advance on the docket--

 

(c) Advancement on the docket—

(1) Grounds for advancement. A case may be advanced on the docket on the motion of the Chairman, the Vice Chairman, a party to the case before the Board, or such party's representative. Such a motion may be granted only if the case involves interpretation of law of general application affecting other claims, if the appellant is seriously ill or is under severe financial hardship, or if other sufficient cause is shown. “Other sufficient cause” shall include, but is not limited to, administrative error resulting in a significant delay in docketing the case or the advanced age of the appellant. For purposes of this Rule, “advanced age” is defined as 75 or more years of age. This paragraph does not require the Board to advance a case on the docket in the absence of a motion of a party to the case or the party's representative.

 

Anybody?

[Buck52]

AS I understand it there's no favors with a CUE/with CUE Claims your on your own.

I would not changed that video conference  or better yet have a hearing in person  its always better to face them face to face & present that evidence to them like that   just lay it out there for them to READ...what if they lose your evidence you send?

 Elder members Ms Berta or Asknod can chime in  but this is just my opinion.

[SigBnSoldier]

UPDATE-

Yesterday BVA granted motion to advance on the docket due to hardship for this CUE/Procedural error appeal.