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Showing content with the highest reputation on 11/20/2017 in all areas

  1. 1 point
    They said they are reviewing something I had sent to the President. I CCed him on some suggestions I have made to Secretary Shulkin. One thing it could be is my suggestion for a Fast Letter on CUE within the appeal period. "I suggest that a Fast Letter be prepared to go to all VA Regional Offices and all Veterans Service Organizations, stating that: Upon receipt of any Regional Office decision that contains a valid and legal CUE either due to a violation of the VCAA ( 5103 Waiver) ,thus due process violation, that caused a CUE to occur in the decision, or due to the wrong diagnostic code on the rating sheet or due to any failure to consider probative evidence the claimant has supplied to them, or any other legal error that was detrimental to the claimant, the claimant and/or their POA representative should file a CUE claim immediately, asking the VA to correct the error. The Claim must conform to C UE criteria as to identifying the exact legal error and how that error is detrimental to the veteran. I suggest as well to add this: The traditional NOD one year timeframe will stop until the CUE claim is decided. The traditional NOD time frame will only begin upon receipt by the claimant and their POA of the decision on the CUE, that will include full appellate rights. One cannot prepare an adequate NOD when a decision contains a CUE to their detriment. (NOD Notice of Disagreement)" (source-my letter to Sec. Shulkin) Or maybe it is about some FTCA /1151 stuff......most of my last letter to POTUS and Trump was about that issue. VA makes many errors in initial decisions......and if they are legal errors to the claimant's detriment, there is no good reason for those errors to require a NOD and then the long wait for the NOD to be decided, and even at that point the legal error might follow the claimant to the BVA....causing a lengthy remand. A fast letter requiring vet reps and VSOs to seek any CUE in recent decisions, could stave off-in my opinion, much of the backlog. I gave a newspaper reporter some sensitive info recently- maybe that is what the email is about. I sent them a copy of my initial 1151 death award.It is chilling to read. (That VA issue, I have personally deemed as "Area 1151" ).... The actual stats for 1151 claims awards are hidden by the VA and 'absorbed' into their direct SC comp stats.That way not the public nor Congress ever knows how many awards are made under 1151 to vets they harmed or to their survivors because VA medical care caused their death. Since the WH has all of my contact info, I assume I will hear more on the important issues I have written to them and to Secretary Shulkin about. I have had only 2 real responses over the last 25 years from any past VA Secretary ,that actually did some good, and an email from one of them but that was just chit chat about Vietnam as I recall...we had a mutual friend. But things have changed since then, hopefully for the good.
  2. 1 point
    I've read a lot of stories of Veterans with PTSD getting reductions letters after going to the VA therapist and VA Psychiatrist. The VA therapist notes are directly accessed by the rater. If a Vet doesn't go to a VA therapist they cannot have a rating reduced legally for that alone. The VA must be able to show by therapy records that the Veteran has shown sustained improvement. If a rating reduction illegally occurs the Vet then must fight it with their private doctor's notes. Either way if things go bad with a C&P exam the veteran is better off going to a private doctor since they're going to end up having to do it anyways if to defend against a ratings reduction.
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