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]

CUE claim was closed and combined with an open claim with 5 contentions. I wonder if it'll be a quick denial since I did a C&P yesterday and a have another this coming week. I'm assuming it won't be long for a rating decision after those C&Ps are done. Weird they would add CUE to the existing claim.

[Chuck75]

With nothing else to go on, I'd likely contest closing the CUE, due to possible Retro being due as a result of the CUE..

[SigBnSoldier]

Thanks Chuck75.

My read on it is VA is ready to decide the CUE when they decide the claim that was opened before the CUE was filed. It appeared as one of the contentions on the claim that pre-existed the CUE claim once they closed the CUE claim.

I'm at the (hopefully) tail end of that other claim with 5 contentions and the newly added CUE contention so hopefully I get a decision on it soon so I can move on to BVA. No way is VA going to award 250k retro at the RO level, unless of course, unicorns really do graze on the lawn of 11000 Wilshire blvd. next to the snarled traffic of the 405.

[SigBnSoldier]

So, it's 5 months later, my CUE is still combined with my unrated claim from 12/1/14.  An email to the Undersecretary has gone unanswered and I wait.  It's like a slap in the face when I get emails from VA congratulating themselves on deciding claims in 125 days and mine is 10 months old now.  

Wonder if I should send a copy of my unanswered email to the Undersecretary to SECY Bob?

[broncovet]

Yes.  Send it to Bob.  Allison Hickey has "a few" people who work for her, and they could  answer emails in her absence/if she is too busy.  If she can not delegate that simple task, then she has no business in a leadership position.  

[broncovet]

I failed to get a response from Ms Hickey in the past.  I wrote her another email, referenced the email 3 weeks prior, and CC'd to Ronald McDonald, and to the hamburglar, too, just in case.  I had a response in 24 hours or less.