The Whole System Fraud

[Mr cue]

i did a cue claim about a 93 claim it made it all the way to the bva they dissmissed it said my claim from 1994 has been in appeal status and still pending

i thought this is great i was awarded 60% for the same issue and iu 2004 by the dro which has jurdition over appeal issue even say it on decision this is a full granted of all appeal issues.

this would mean there can not be any appeal issues from 94 they were granted 2004. eed should now be 1994.

no bva granted me 10% from 1994-2004 and say the ro granted me the 60% 2004 and remaned my iu claim so a doctor to tell if i could have work 1994 i have never work since 1994 they have ssi records which states this.

i have ask for my eed dates did the reconsideration and once again ask why my eed are not 1994 what i got was appeal to courts did that

now i am at the court and the lawyer from the ogc which is the lawyer for va has drag. she has not call my lawyer and took two month to appear on the cases

during this whole process not once has any part of va denied my eed or granted them just never answer. and past the buck and now the wait and they are not even working on my iu claim. i was told because my case is with the court that put a hold on the remaned amc.

this is a bold face lie va manual tell how to handle cases like this and you are to keep developing them. amc has since for 3 different doctor statements and everyone has agree with me and now they want a 4 and still will not answer how are u developing something that was granted.

so my belief is that the whole system is shot or they have system to all this hope you mess up before we pay

[Mr cue]

that what i am taking about non of that was done

[Mr cue]

this why veterans need to no the law i will use this after this judge play with my claim.

this should get atleast my case loo at again

my vso withdraw right as my cases was going to bva

and i have not been able to get a rep since my cases has been at bva

and bva is a hard place to get to look at info with out a rep.

[Mr cue]

well i guess the va will get away with what they have done.

the informal iu claim that was found during my cue has now been remaned 2 nd time to amc. i have iu since 2004

amc has closed my elbow claim which was pending for 18 yr got granted by bva and amc granted 0% effective 2007 closed the cases cant nod told to appeal to court.

this was my first rating form services done this way.

well i just have the courts cases been there a yr now got about 6 month more.

and when every my iu claim come form amc denied again and go back to bva.

i will give it up to va if they done want to do something they just send it around.

[Berta]

"closed the cases cant nod told to appeal to court."

I hope you do appeal this to the CAVC.

"the informal iu claim that was found during my cue has now been remaned 2 nd time to amc."

Hopefully that too can be referred to in the CAVC case.

Unless things have changed- once you get on the docket at CAVC they publish your address etc and you will hear from CAVC lawyers.

That is what happened to me when I had filed a Mandamus writ.

Once they found out this was a mandamus filing (no money involved) the lawyers who I responded to were not interested in the case. Except Ken Carpenter- he didnt want to handle the mandamus (things have changed in that respect because a few Mandamus cases have given some vet lawyers a lot of good 'press'in the past years ) but said to contact him if my claim ever went to the CAVC.

So you should hear from lawyers if you file at the CAVC.

It might be a good idea yulookin' to write up a brief description of why you feel the elbow claim decision was wrong and try to get into this write up- the explanation of that CUE claim (give them the BVA Docket and Citation number).

Thia way if a lawyer contacts you due to a new CAVC filing- you have the basis of the case at your fingertips or could email it to them.

I know a vet who had 12 years of BS with the VA- went to the CAVC twice- had 2 lawyers (whose fee I prepared NOD on)

and he unfortunately stuck it out with them but they didn't help him at all.

Most of the CAVC lawyers are not like this at all.

They don't want bad results that vets can post on the net.

Still they can only work with evidence they have.

Finally he won his claim.No one-not even his lawyers had really accessed and read his SMRs.

His nexus was in them.

He refused to give up!!!! By the time I met him (I was doing volunteer claims work for my former reps) this vet was

angry and very difficult for me to deal with.

But he refused to give up and won a very large retro amount.

It goes to show that Persistence pays off. There are plenty of good CAVC lawyers around. But the last thing any vet should do is give up.

"well i guess the va will get away with what they have done."

Yulookn' when I got my award letter last year (based on my BVA award) the VA tried to give me some BS unlike anything they had ever tried to pull on me before.

Since I had been an active claimant for most of the last 17 years- I was used to fighting back to their BS but this one was a doozy -and whoever prepared the decision ad even made up a regulation!

I had an award letter and the VA owed me cash. It took me almost a year to fight for the cash.

The reg they made up said 1151 DIC awards were the same-=regarding ancillary benefits as direct SC awards!

This was outrageous! They also refused to refiund a FTCA offset I had. (Direct SC trumps 1151)

By fighting back I got about $100,000 in ancillary and additional benefits due to me under direct SC.

They wanted me to give up or die. No way on that.

I hope you continue to pursue your claim.

[Mr cue]

i will never give up

i did the cue i post the bva decision here before

bva stated my claiim form services has been appeal status since 1994 dissmissed my cue. say there was never a appeal decision made on theses pending appeal this was false and they no it

they say buffalo never cretify my appeal they sat there.

during these pending appeal i put in paper which va treated as and increase rating claim during the appeal of this i was granted 60% for the same issues that was pending and iu by the decision review officer which stated in bold letter this is a full granted of all currenty appeals gave me the effective date i put in the paper 2001.

did the cue 2008 of the 1994 decision

bva turn around adjudcated my appeal that were to b pending granted me 10% from 1994-2001 and remanded the informal iu claim to develop 1994-2001

call my dro decision and ro decision to do this. and ro decision can not made a pending appeal final only a appeal decision

they aware that why there stoping 2001 and will not tae anything i send to bva will not even take my reconsideration

i won a cue goin back to 1994 and they found the informal iu claim in the record i have iu how are you developing something i have.

yes i am at the court and they can grant my effective dates because all this became final 2001 for both issues just been a whole yr and va has not even say this was a cue in there brief