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CUE claims - a TIP

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Berta

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Since the President has promised Accountability from the VA,that accountability should cover every aspect of the VA...health care as well as our claims.

I am filing another CUE claim and have been reviewing my October 2015  award letter many times,specifically the Evidence List and the 5103 waiver and the 

13 pieces of evidence they completely ignored.I could not understand why the director of my RO insisted that my award was correct and they had paid the full amount...but that the veteran was NOT 100% P & T under 1151.....an error that caused my appeal, but more importantly it was due to a 38 CFR 4.6 violation .

13 pierces of evidence and even if they only used one, each one was highly probative.

Every one of the 13 pieces of evidence stated clearly that the veteran was 100% P & T from a Section 1151 stroke.All in VA's possession at time of this decision, as well as had been sent many times before , 1992,93,93  , and listed and attached to the 5103 waiver and now I need to send it all in again.

 

The Evidence list is 3 pages long going back to 1984,but out of order, yet I wanted to be 150% sure of my CUE...and now I am! Yippee!

Another violation of my favorite regulation, 38 CFR 4.1 et al,specifically 4.6.    Delicious!

My tip...the initials of the person who prepared  the 5103 waiver I got ( one waiver for 2 separate claims) I realized were those of the same man who called me ,because I raised hoopla over this decision. I have his full name and proof that he called me from the Buffalo VARO (still on my Direct TV all log - I took a digital photo of that)and caller ID (I think), one of many calls back and forth to the RO in 2015-2016.

If you have the initials of anyone on any correspondence from the VARO that indicates ( in the upper right hand corner-the alphanumeric code)and if you have their name from any other contacts from the RO, and are filing a CUE claim, I suggest that you state as under the auspices of 38 USC 5109 and then state "due to the error made by "(initials and/or name) at the (name) Regional Office in a decision ( or within correspondence)  made on (date) that affected a proper award with the RO decision of ( date) and send them copies of anything that proves who they are and what they did that caused a CUE to your detriment.Then state the CUE.

The ROs know who these people are. But we have to begin to find out who they all are and document them by name/and/or initials within our appeals.

My VCAA rights were again violated as they were in 2009 and I asked for a remand. BVA concurred but found the VCAA issue moot when they awarded due to my evidence.  I dont want this to trigger a remand ,because it will-------and I intend to get this error fixed ASAP.

 

 

 

 

Edited by Berta
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YOW that is great !.....none of my past CUEs were this long....I got angry looking for the evidence to copy and send it in again with the CUE and then (since my VARO has done  this to me Many times since 1995) I decided instead to file a scathing IRIS complaint, naming the rater ---so that he can look for that evidence.

They have received it many times already but I sent it via prior mail twice in Feb 2015.And twice in 2013. And it was all established in the record when my husband died.

This crap is so unfair to us all...I told IRIS I am complaining to the New Sec and to Trump.

Not for me----but I have years of proof they pulled this on me- but for all other claimants when  they (VA) deliberately lose, misplace, shred or ignore the claimant's most probative evidence.

I think they are ordered to do that so that they can deny as fast as they can...

I have been going over every decision I ever got from them....I think every one was denied at first and then awarded- when they finally read the evidence they had and could no longer ignore it because I would not go away. 

Something your spouses have to be aware of....I am not an isolated case.

 

 

Edited by Berta
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It just so happens that the CUE wasn't even included in my review, however by law, I could bring in any new evidence that had anything to do with the review subjects, and the ear problems were already established, so BOOM, I sprung in on the review officer! 

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That's an anomaly that was gross error and VA knew reasonable minds would all agree it was a CUE. For hearing, it was peanuts. Had it been for 100% for PTSD back to 1998 it would never happen without an appeal. I've had a BVA judge ( Mark Hindin) look me in the eye in 2011 and say "Man, you should pursue a career helping Vets. You have this dialed. Excellent presentation (1 hr. 40 minutes)". A year later he denied it all. A year after that in 2013, the CAVC tossed it and said give Alex his money. VA will make you feel like King of the Hill right before they sucker punch you. I'm glad you won but always remember you won because you were prepared and had every hole plugged with evidence-not because you were a silver-tongued devil. CUE in Berta's and my old claims was gross and blatant. They made up the rules as they went along. Nowadays, they're more careful of anything that will cost them big bucks. When in doubt, fall back and punt on 4th and long to the BVA. 

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After much research, and a whole lot of proof, I was able to show that the CUE actually began WAY back in 1990 when the VA awarded me only 10% for Vertigo with Dizziness and Staggering, when in fact they should have awarded me 30%. 10% is awarded ONLY when there is "occasional" Dizziness, which from the YEARS of documented Dizziness in my medical records, does not exist.

There is no "anomaly" here because the VA screwed up, they knew they screwed up, I knew they screwed up, and I proved it.

 

What's interesting here is it just so happened I had requested a review some 5 years ago, and JUST over the past month found the CUE, got Berta's help with writing and presenting it, and walked into the DRO review with it in hand, whipped it on them, and won with no questions asked.

 

The CUE AND TDIU awards took all but 15 minutes, and it was over.

 

My American Legion Rep asked all the right questions, and I had all the right answers.

 

 

 

 

 

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