tdiu VA says they made a CUE in awarding me IU.

[Speaking Out]

VA says they made a clear and unmistakable error in awarding  me individual unemployability in 2012. My combined rating is 70% and my award letter from 2012 rated me permanent and total. I received a letter that my claim fell under a special review and the CUE was discovered. The letter doesn't say what the CUE is.  I met the criteria when I applied and also got SMC K.  Why would an IU rated P/T get pulled for a special review? 

Edited August 30, 2015 by Speaking Out
clerical

[bluevet]

My specific question was. .

Why would an IU rated P/T get pulled for a special review? 

 

 

I get it. They send you this notice that a CUE has been discovered, but they don't even tell you what the CUE is. Must be scary. I wouldn't panic until you know, although I'm sure that's not easy. I'm thinking maybe it's the P&T designation that they could be re-thinking. This wouldn't necessarily mean that you would lose the IU, Just that you would need continue to qualify for IU to keep it, but without more info, who  knows?

 

Edited August 31, 2015 by bluevet

[RUREADY]

what the heck are you saying if they said a CUE was discover its either it is or it isn't

p&t is not the problem stop the reduction you will save p&t. Why was a cue call or what was

their reason?

Edited August 30, 2015 by RUREADY

[bluevet]

what the heck are you saying if they said a CUE was discover its either it is or it isn't

p&t is not the problem stop the reduction you will save p&t. Why was a cue call or what was

their reason?

What? 

Edited August 31, 2015 by bluevet

[Berta]

They have to give solid Reasons and bases for this proposed reduction, as well as an opportunity for a hearing.

Can you scan and attach here (Cover C file # etc) their letter proposing to reduce?

[Speaking Out]

I can't scan and attach, but this is what it says:

A special review of your file was mandated on August 18th 2015.  Based on the review and evidence we made the following decision. A clear and unmistakable error is held to exist, therefore it is proposed to terminate entitlement to individual unemployability and chapter 35 benefits.

This was what was listed as evidence.

In regards to decision rating dated October 2012 we have granted entitlement to individual unemployability and chapter 35 benefits in error. You did not response to the letter and did not submit evidence of your employment history and what disabilities cause your unemploybility. The VA examinations do not show any evidence that you are precluded from employment.

I sent them that form completed before my C&P exam for IU and they had it three years ago when they gave me my rating and when they conducted my IU C&P exam.

[georgiapapa]

I can't scan and attach, but this is what it says:

A special review of your file was mandated on August 18th 2015.  Based on the review and evidence we made the following decision. A clear and unmistakable error is held to exist, therefore it is proposed to terminate entitlement to individual unemployability and chapter 35 benefits.

This was what was listed as evidence.

In regards to decision rating dated October 2012 we have granted entitlement to individual unemployability and chapter 35 benefits in error. You did not response to the letter and did not submit evidence of your employment history and what disabilities cause your unemploybility. The VA examinations do not show any evidence that you are precluded from employment.

I sent them that form completed before my C&P exam for IU and they had it three years ago when they gave me my rating and when they conducted my IU C&P exam.

If you have documentary proof that you sent and the VA received all of the information and documentation requested by the VA, you should be OK.  If you do not have proof, you have a big problem. JMO

GP