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Cue Stalled Now What ?

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jcolwell

Question

I filed a CUE after rating of 30 % for IHD presumptive for Thailand with AICD . AICD was not rated in my claim. ( NOD from 2011). Claim should have been rated at 100%.

DAV agrees it was rated incorrectly

DAV and RO had me race to get a updated DBQ from my cardiologist last week which they got on Tuesday and it was hand carried to the supervisor of the DRO area by DAV. They said needed to hurry and get this addressed since claim had just closed it would be easy to " rework" it.

That all sounded good to me at time but now it is dead silence from DAV and VA.

Cue is posted on E Benefits to be resolved 7/2014.

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Yes, free spirit that is how I recall this CUE claim jcolwell filed too

and it appeared to definitely be a valid CUE claim.

They violated 38 CFR 4.6 I believe.Because they acknowledged the AICD but failed to rate it and it is obviously secondary due to the IHD.

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Thanks all. The evidence of the AICD was present in the medical records at time of claim. My DBQ was old from 2011 since it was in NOD at RO.

We submitted a new DBQ with IHD and AICD box checked . Evidence of AICD was in Medical record from 2007 but DAV wanted the new DBQ . Going to see DAV next week. The thought of waiting like you guys did after 2.5 years is depressing at the least. Will let you know. JC

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when you see dates on the e-benefit site, those dates are all internal dates for the VA. When they pass the given date , they simply add another date. Please, don't get wrapped around the handle on these dates. It does nothing but causes undue, additional stress to an already oblivious situation.

The overall % will be determined on your ejection fraction test results. Do you remember what your results were?

55 % was EF at last check. They gave me a rating for IHD already for 30 % for IHD. Apparently AICD was missed or ignored etc.

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A common thread I see here on Hadit as well as Peggy's Pink Site, is the propensity to dwell on time. Time, as it is measured at VA; time as it is measured by Vets, and lastly, time as a horrible consequence due to its propensity to cause untold suffering. Vets have no conception of what they are getting into if they feel resolution is confined to a rating at the RO. As most know, time at the VA is measured in Jupiter days. VA has no conception of what delay means to us. Many are on the cusp of homelessness or financial ruin. I've sent out checks to guys to keep them from starving more than once. When you try to conceive of waiting years just for a denial, you realize the agency is inured to your suffering. They mouth endearing terms and commiserate with you but do nothing to ameliorate it. Were it truly a nonadversarial system, a Veterans Service Center manager could step in on an emergency basis and try to take corrective action to right a wrong.

JC's travails are nothing more than a similar trail of broken glass through the centuries with regard to VA's compassion for us. Once you get past that, you prepare for the real world. Gone are the pleasantries and smiles. Every Vet I've helped out eventually decides to take off the gloves and roll up his sleeves. VA is like a train running on one rail. It's always moments away from derailing. Witness the CAVC Recent Decisions site. http://www.uscourts.cavc.gov/recent_decisions.php Read every Petition of a Writ of Mandamus for a month and you begin to get a feel for how out of control the process is. Backlog doesn't begin to describe what is afoot. Virtually all the Writs end with an Order from the Judge dismissing it as moot based on the fact that the error petitioned for has been rectified. What is glossed over is that the required action was done at 1615 hrs several days before the VA Secretary and Will Gunn report back and say " We don't understand why the Veteran is upset. We sent out the SSOC that he complains he's been waiting 3 years for just last week. Where's the case or controversy, your honor?"

As such, the Writ is becoming a de facto "speed 'er up" function that attorneys are starting to take seriously. It used to be they were an oddity and rarely employed. Most law dogs would poo-poo the idea of filing one and advise you not to in years past. No so in these troubled times. Justice is so backed up, so imperfect, indeed, so sloppy and constipated, it's almost a miracle that anything gets done a): in a timely manner; b) even remotely correctly and c) doesn't require an appeal to delouse the defects.

VA is playing a deceptive shell game with their new high-speed decision mill (the FDC). Many's the Vet who is now getting his high-speed denial based on an incomplete factual record where the raters simply do not have all the evidence in front of them to make the decision. That doesn't prevent them from proceeding to rate you anyway. The excuse is "What the hey? If it's wrong or we don't have the STRs is irrelevant. He can still submit new evidence and tune it up for a year. Of course, he loses his place in line but that's the risk of doing a FDC. No flies on us."

In accounting, everything is in categories. VA's accounting is unique. Old claims, pending claims, new traditional claims and FDCs are now all tucked into separate columns in an artful attempt to make the backlog appear smaller than it is. Monday Morning reports look much more cheerful when numbers decline. If you merely shift numbers about like a three-card Monte game, it seems substantial progress is being made. Look to the resultant lump in the python at the BVA to see how this is working. We still have essentially the same number of Veterans Law judges now as we did in 1961 (74 versus 60). The addition of Acting VLJs to adjudicate frivolous appeals that are pointless still does not make a dent in the numbers. Each Judge is expected to sign off on at least one claim a day. We know what this leads to. Assembly line justice on a timed basis is never going to equate with what we were promised. Rapid justice is not equitable justice and often results in compounding the error tenfold. VA knows this. The mantra is to get it into someone else's in-basket and off their desk.

I hate to say it repeatedly but the repair order is at your fingertips. If enough complain long and loud, which is hard to conceive of even now in light of all the dissention on the HVAC, something will change. I speak of Congress and your vote-as inconsequential as it may seem. In the meantime, I'm quite fond of the Writ of Mandamus when you feel you've hit the wall. $50 will often buy you what VA is dragging their feet on for years. It almost invariably will be a denial or continuance of one, but progress is progress at the VA-as imperfect and flawed as it is. In my book, the only place where the VA trains are still running on time is up at 625 Indiana Ave NW. But then, how long is "Indiana" going to last before some enlightened group takes umbrage with the name? By 2016, it'll be 625 Native American Ave. NW. As long as they don't throw sand in the gears, I don't care. I filed March 31, 1994 for my claims. Final resolution is moments away in VA time as it sits before my BVA judge awaiting his admission of error. It will be a twenty year protected rating on April 1, 2014 whether it is a finished product or not. Think about this when you discuss "time" or complain about interminable delays and errors. It gives the term VA backlog an entirely different cache.

Hang in there JC. Help's on the way-eventually. You have Ric Shinseki's word on it.

a

The hell with the prop. Beware the Veteran

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