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4myboys
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Posts posted by 4myboys
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The CFR's regarding the spine were not changes until 2002. I pulled all CFRs for decision rendered at the time of my rating. 1998-1999
CUE law states:If the evidence establishes CUE, an undebatable, outcome-determinative error, the prior decision must be reversed or revised, 38 U.S.C. §§ 5109A(a), 7111(a), and the decision constituting the reversal or revision “has the same effect as if the decision had been made on the date of the prior decision,” 38 U.S.C. §§ 5109A(b), 7111(b).
The error wasn't mear interpretation. It was factual error. MRI's, EMGs, exams etc. all have clearly stated diagnosis and findings of Sciatic Nueropathy and compression of the L5-S1 nerve roots. No where does it remotely state maybe, could have, possible has, doesn't have, etc.
(Please note I am preparing for my DRO hearing. Your questions, comments, and opinions, whether agreed upon or not, are extremely helpful for me to research and respond to my CUE claim. I am not attacking responses to any member here, only pleading my case and prepairing for responses I will recieve from the DRO. so thank you!)
SORRY I posted this in the wrong forum. Overlooked the CUE forum !!!
There was a change in the Schedule sometime around then.
I can see where a poor decision was made in regards to interpretation of
medical evidence by a decision maker, but this may not rise to a claim of CUE.
Also, what 38 CFR or 38 USC reg are you relying on,that would support an earlier effective date of April 22, 1998,
versus when the date of the claim made was January 7, 1999 ?
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I have read quite a few...but always end up with the "well I have that, but maybe not that??? or that's exactly what the rater did or didn't do"
What are the best websites to pull up BVA decisions?
Thanks for your advice! I really take everything said into account and use the advise to further research my claim! Thank you!
I can understand the frustration... Have you pulled up all of the BVA and court decisions on CUE? I'm not an expert, but I know that YOU need to understand the caselaw and reasoning so that you can make sure your facts qualify for a CUE claim. You should have also pulled up any decisions that speak to your specific issue; particularly any decisions that came on appeal. For the best success, use a variety of search terms and when you read decisions, pick out the case references sited in the verbage.
Good luck with the hearing,
sheila
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Did not appeal 99 decision. I did not see the Error in fact. VSR rep saw the CUE and pointed it out to me.
I have already sent in CUE claims. I have a DRO hearing in 8 days.
Went on a CUE claim because that's what the VSR said to do.
This is where it becomes frustrating. I along with many was ill advised. I never knew to order C File until the VSR pointed out the CUE. I was told by my POA (DAV) take the 40% don't fight it or they can take it away. (I didn't know any better at the time, young, ignorant and injured!) I also didn't know anything about the CFR's....all of this came about with the help of a VSR.
It seems as though Vets are punished for not being detectives, doctors, raters, lawyers, etc. It was the raters job to perform his duties accurately, it was the raters job to ensure all medical records were reviewed with accuracy, it was the raters job to ensure I had the proper percentage assigned. (that's all law according to the CFR's)
So in a sense...at the time I didn't disagree, I just didn't see the error.
1. Did you appeal the Sept 99 decision?
2. Do you have an active appeal on any issue?
3. Are you relying on CUE because you don't have an active appeal?
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To: Department of Veterans Affairs
Decision Review Officer
In regards to Clear and Unmistakable Error found in the original rating decision by the Department of Veterans Affairs on behalf of ____________; the following Code of Federal Regulations was not, as required by law, applied:
TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 4--SCHEDULE FOR RATING DISABILITIES--Table of Contents Subpart A--General Policy in Rating Sec. 4.1 Essentials of evaluative rating. It states: both in the examination and in the evaluation of disability, that each disability be viewed in relation to its history. Sec. 4.2 Interpretation of examination reports. Different examiners, at different times, will not describe the same disability in the same language. Features of the disability which must have persisted unchanged may be overlooked or a change for the better or worse may not be accurately appreciated or described. It is the responsibility of the rating specialist to interpret reports of examination in the light of the whole recorded history, reconciling the various reports into a consistent picture so that the current rating may accurately reflect the elements of disability present. Each disability must be considered from the point of view of the veteran working or seeking work. If a diagnosis is not supported by the findings on the examination report or if the report does not contain sufficient detail, it is incumbent upon the rating board to return the report as inadequate for evaluation purposes.
At the time of initial rating evaluation, September 1999, all medical records including SMR's, MRI's, EMG's and numerous pages of Doctors reports/evaluations/diagnosis' were in the hands of the rater.
Veteran's Application for Compensation or Pension dated January 7th, 1999
Nature and History of Disabilities Section 17.
SCD's: Ruptured & Herniated Discs, Sciatic Nerve Damage, Degenerative Disc Disease, Dehydration of Lower Lumbar, Migraine Headaches, Severe Chronic Back Pain, Spasms, Chronic Sinusitis & Bronchitis, and all other SCD's as noted in SMR's.
Sciatic Nerve Damage was specifically requested as part of my reason and basis for compensation.
1999 Rating decision Reasons and Bases:
Service connection for central disc bulge L5-S1 has been established as directly related to military service. This condition is evaluated as 40% disabling from April 22nd 1998.
Next paragraph:
August 1997 and MRI revealed TWO disc bulges, the largest one at L5-S1 and contact but did not compress nerve roots….
(In the same paragraph diagnosed sciatic neuropathy defined)
Straight leg raising was positive on the left at 20 degrees with radicular pain from the lower back to the left posterior buttock and left gastrocnemius muscle. X rays showed Degenerative Disc Disease at L5-S1 with acquired mild spinal canal stenosis and the appearance of compression of S1 nerve roots.
Clear and Unmistakable Error in FACT recorded in rating decision per CFR 38 Part 4.2. Section 4.2 in CFR Interpretation of examination reports: It is the responsibility of the rating specialist to interpret reports of examination in the light of the whole recorded history, reconciling the various reports into a consistent picture so that the current rating may accurately reflect the elements of disability present.
Impression as taken from the actual MRI findings report dated August 11th, 1997.
1. Degenerative Disc Disease at L5-S1 with acquired mild spinal canal stenosis and the appearance of compression of the S1 nerve root, left greater than right.
Also in record to support continued and unremitting Sciatic Nerve damage was EMG findings dated January 14th 1999.
EMG Findings:
There were moderate chronic neurogenic changes in the form of poor activation and increased duration of amplitude of many to all the remaining motor units in the left flexor digitorum longus, extensor digitorum brevis and semitendinosus muscles. There were mild to moderate neurogenic changes in the left tibialis anterior muscle.
Impression:
EMG and nerve conduction studies of the lower extremities and related paraspinal muscles reveal changes suggestive of left L5 Radiculopathy. This is moderate in degree of electricity.
Service Record documents from:
Neurosurgery Clinic dated January 9th 1998.
Diagnosis: Chronic Back Pain/Herniated L5-S1
Left S1 Radiculopathy Left Leg
Findings from Physical Evaluation Board Proceedings:
Diagnosis and Ratings:
Category 1:
- Chronic Back Pain/ Herniated L5-S1
Category 2:- Left S1 Radiculopathy, Left Leg related to diagnosis 1.
1. The September 1999 rating decision contains clear and
unmistakable error in not only ignoring evidence but denying entitlement to service connection for Sciatic Nueropathy as part of the original diagnosis and rating of: CFR 38 Part 4 dated 1998-1999: 5293 Intervertebral disc syndrome: Pronounced; with persistent symptoms compatible with sciatic neuropathy with characteristic pain and demonstrable muscle spasm, absent ankle jerk, or other neurological findings appropriate to site of diseased disc, little intermittent relief rating of 60%. CFR 38 Sec. 4.21 Application of rating schedule. In view of the number of atypical instances it is not expected, especially with the more fully described grades of disabilities, that all cases will show all the findings specified. Findings sufficiently characteristic to identify the disease and the disability there from, and above all, coordination of rating with impairment of function will, however, be expected in all instances. Based on the requirements of the Law at the time of decision and evidence of a Clear and Unmistakable Error, I am entitled to a retroactive date to initial claim January 7th, 1999 with an effective date of April 22, 1998 for compensation at the 60% level.<BR style=mso-special-character: line-break"><BR style="mso-special-character: line-break">
- Chronic Back Pain/ Herniated L5-S1
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Just found out Friday that on Thurs my claim was at the rating board :D YAAHOOOO!!!! But before jumpin 4 joy, any feedback on how long it will take- 6 days, 6 months 6 YEARS!(*&^@^!#
I figure I will call next week thurs/fri to see if anything was typed in the system- don't want to iris due to it might hold up/slow down my rating. I think that's what IRIs is for. ANy advice on this?
In 9/08, I asked to increase my left hip (10%), low back (0%) and to rate my right hip (was denied in 1998). For right hip if they give 10% would they more likely pay back from 1998 or 9/08? Or would I have to do CUE? For left hip & back if they give higher ratings would they more likely go back to 1998 or 9/08? Or would I have to do CUE to get retro to 1998?
FYI – I sent records for years of DR visits of almost monthly visits for pain meds/shotsetc since 1998 when I got out. Got a VAMC MRI shows 2 herniated discs lower back- more proof.
My claim was sent to Rater on May18th, 2009. I too was excited as the last time it only took 2 weeks, well not so this time.
I have been bounced around from rater to authorization and back 3x now....Just found out it was picked up by a supervisor to be reviewed as it hasn't been moving.
Now I risk losing the unofficial rating that the DAV sent me (which was REALLY good), since my claim is now being re-reviewed by a supervisor.
I was told it would be "worked" on this week and I would be notified when it is authorized.
My claim is more complicated than others, so I understand it taking longer, but this is ridiculous...being bounced back 3x !!!
PS: Aquabear....CUE's only exist if there was a grave error in your original decision...not just a disagreement on your part. From what you've posted it sounds like your claims will be from the date of your recent claim. The VA can not be faulted for increased disability after your original decision. If you wanted an increase back then you would have had to put in a claim for it, just as you have done now.
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4myboys, thanks for bursting my bubble! On a serious note, I'm so very thankful I'm not in dire straits yet. I have a few unexpected bills (car and dog taxes)that need to be paid and I applied for a deferment on my student loan just this morning. Other than that, I'm holding on by a thread but still holding on.
Which VARO is handling your claim? Maybe, since some handle claims faster, one of us will get theirs this week or maybe both. My prayers are with you too!
Oh yea, I did call the 1-800 number and gave them my banking information.I guess veterans don't make that kind of call often because he got off the phone and came back to say he would take the information.
Pleasant dreams about lots of $$$$$$!
I'm in San Diego. They handle claims pretty fast, but then there's always mine :P I must note that mine has some back pay to 1998, which apparently requires a few signatures and this has caused it to be checked over a gazillion times, in which of coarse they have found a mistake each time.
Very frustrating. Thank God we are able to pay for what we need...I would be camping in front of the VARO if we were in dire need!
Keep us posted...Good Luck!
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I spoke with a V.A. CSR today and was told my claim was rated last Friday! Of course she didn't have any details to share other than they have to get signatures and she also mentioned my son who is considered a "helpless child" (V.A. terminology) I'm trying not to be too excited because this could be a denial and it is unofficial. I rather stay on the optimistic side of things though. Also, I learned last week (hadit.com) you have to be at least 50% before dependents can be claimed...or something like that. I'll keep you posted.
Lenora
I hope by the time you read this...you have already received your official letter and big fat deposit. Unfortunately I am going to unintentionally burst your bubble.
I received my rating on May 18th, it is now July 27th, I have yet to receive my retro pay or my official letter. I have been bounced back and forth to from finance, authorization, and the rater 3x since May 18th.
Rest assured the info you have received is most likely correct, it just may take a bit longer to have in hand. I pray for yours to come this week and that you don't go through the anxiety that I have been through. Some day it will be done
Many Blessings!
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Well rated 10% for sciaticia of left lower extremity secondary to ddd. i dont understand why i was not rated at 20 or 40 percent? this condition is very hard to rate and understand from 10 percent to 40 percent ..after that it easier muscle atrophy and foot drop... how do they rated this i dont understand it really the only condition that i dont understand and gives the rater to much leave way////
How about being ignored completely? My original claim asked for evaluation of sciatica. It was never even mentioned. I was originally told it was lumped into my back. Found out 12 years later that I have a serious CUE, they should have given me a rating because it was specifically requested as a separate disability.
Any one with sciatica/radiculopathy/neuropathy knows the excruciating pain and the on and off symptoms. Just don't move the wrong way or you'll end up on the floor! It's extremely difficult when you go to the Dr and your flare ups are down or medicated....
I had an EMG at the VA. They couldn't get a nerve reaction so they made one! Literally there was nothing, so 2 tech's came in and started pushing on my leg and foot to create a response. I questioned it, but they said it was normal. I stated that there was no way that is a normal response when you are creating it. I was so mad...that EMG the tech put in my records "normal". I wrote a statement for my file against it!
Anyway I eventually ended up with a 20%, doubt I'll ever get more than that. I have intense physical therapy to keep from having any atrophy.
Good Luck with your NOD's...!
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Thank you so much for the information :-) I guess I better have exactly what I want in mind before I meet with them--and be ready to make my case for it.
How long can one be in an educational program? It is my thinking that I would be best served by going part-time to school; do you think they would be ok with that?
They will help you put together an educational plan with about 48 months for completion, given you haven't used any of your GI Bill. You can definitely choose to go part time....starting from scratch that will take awhile to complete...but that's ok ;) You can go to school for a Degree or specific Training/Certification, tech schools.
Some insider points for Voc Rehab....some states pay subsistence allowance while you attend online education...some don't.
The Voc Rehab program pays for tuition, books and then gives subsistence allowance, while GI Bill gives you a set amount of money and everything you need comes from that, you keep the left overs.
What ever you need to support your educational plan...ask for. (Laptop, chair, pens, paper, calculator,) If you don't ask you will not receive...
Hope some of this helps!
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pr: This comes down to personal choice. I personally check on my claim monthly to start with and after about four months, I check on it every couple of weeks and after six, I check it weekly, alternating my checks with the 1-800-827-1000 and IRIS, that way I have some sort of reply on paper, if any problems arrise, I can at least show I have been keeping tabs on what the VA says is going on with my claim. But you must understand that everyone has their own way and time line when checking up on their claim, especially those who have been through the process before. Do remember though, you do need to be pro-active with your claim, checking on its statis is but one aspect of that process. Don't just sit back and wait for that envelope to arrive, keep searching your medical records for anything and everything that can help your claim and if you can afford it, find a specialist on your issues who will be willing to give you an IMO if you find you will need it, usually after you see, if you have one, what a C&P examiner says about your claimed issue or should you find you have to go further than the basis claims process.
Good luck and best wishes for a quick decision in your favor and at what percentage you feel you are intitled to and don't be afraid of asking any question, for I have found, there are no stupid questions when it involves the VA. LoL
Rockhound Rider
Totally agree.
I would stick with the IRIS though.
The 800# was more frustrating and falsifying than anything. I think in 8 months I spoke to 1 nice, partially accurate, individual.
I started checking weekly at about the 3 month mark. Had to keep my file from being stuck under a dusty old desk! :D
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4 months after winning %100 percent VA, I Just got my letter from the SSDI folks and was approved with back pay arriving at the same time. Couldn't help but share the good news. Now to go back to work on P&T
Diz
Good for you! Sorry for whatever ails you, but am happy that you will hopefully have some financial stability!
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I got a call from the Baltimore VARO Rater about my claims and was told It will take 3 months for the rater to finish my claim. I will let you when I hear from the VA. Good luck with your claims my veterans friends.
They meant 3 months to be looked at, another 3 months to be decided, another 3 months at Authorization, another 3 months when Authorization finds something "not quite right" or "the t's aren't crossed and i's aren't dotted" and it's sent back to the rater, another 3 months back to Authorization, another 3 months getting signatures, another 3 months to produce the Denial letter, another 3 months to look at your NOD,
ooooo, I'm just being pessimistic. (although realistic for many of us)
I wish you the fastest 3 months ever! Good Luck! You never know, some claims go through in 2 months!
PS: when you start to wonder what is going on with your claim go through the IRIS system rather than using the 800#. The 800# will just frustrate you with false info....!
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Hi folks,
I am wondering if one can presently work and still qualify for vocrehab? I work full-time, and for the next few years will be able to do so--albeit while in pain--but want to get school paid for so that I can do a sit down job such as teaching when I am unable to do my present job. Will the VA help me with this? There is no way I can take care of my family on my disability pay (60% soon to go to 80 or 90 I hope) even with the extra money they pay while in school. Any suggestions?
By the way, I meet with the VocRehab people on July 30 and am wondering what they will tell me.
What Voc Rehab will look at is your current job and it's financial ability to support your family. The main point of Voc Rehab is to get you employed. You need to state that your current position is not a career that will support your family. You will have to be very specific about the career path you are looking for that will not affect or be affected by your disability/ies.
Voc Rehab will require you to have a specific goal with a specific education plan.
Research the career you would like to have, the employment rate of that career (teaching is a hard one at the moment with government cutbacks), job availability/demand etc. All of these need to be in your favor...
Example: I have a degree in Psychology which doesn't go far. Voc Rehab approved program in NY for a Bachelors and Masters in Psych/ Social Work. Completed my Bachelors. Moved to CA, had to reapply, Voc rehab does not always transfer. CA would not approve Masters. (fighting it) Now I have a degree that goes no where. You can not be a Social Worker/ Counselor without at the least a Masters Degree.
My point is...be very selective and make sure you choose a career path that is right for you, considering your disability. Research and put together a case for your Educational as well as Financial needs.
Good Luck!
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OK, everyone...brace yourselves! I received another response from IRIS just checking to make sure that the phone call follow up I received from the representative from VARO was satisfactory....! What? I'm confused, they are actually showing a genuine concern for the Vet. I have never had this happen in all these years.
Then I received another, I repeat another phone call from the same gentleman at VARO with more information for me. Unfortunately I missed his call, but he left me a DIRECT LINE ! I feel super ultra privileged.....I have a direct line number! No more 800 number for me :D
The second IRIS response also told me that this so called Debt will not affect my claim. They said they will complete my claim...then send my file to the finance department to research this so called debt. SO this means they aren't going to hold up the "official" notification of award....good news. I hope that they don't hold up the retro pay...I can see this happening, but hopefully not.
That big brown/white/yellow (I'll take any color of the rainbow at this point) envelope should be any day now!
I'm beginning to feel a little special
So much for feeling special. So my special number has no answer....I think he's on vacation. I called just to follow up. Since there was no answer, I reluctantly called the 800 #.
SO, my claim is Back to the Rater AGAIN for the 3rd time. Authorization back to Rater.....3x ! I am sick of this. What t's aren't crossed or I's dotted! ? !
Shouldn't the rater fix the problem and physically hand it back to be authorized? Every time it goes from one place to the next and back again it takes another couple of weeks.
Come on Now this is absolutely ridiculous!
Instead of any day now, I'm looking at any year now!
Sorry had to vent!
(To those of you that are affiliated with the VA job force...and do your job with due diligence and integrity, thank you! )
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I feel that any time the VA fails to consider any pertinent evidence in a denial- the evidence they ignored is new and material enough to file for reconsideration.
I dont mean evidence they commented on then disregarded or rejected-I mean the stuff they sometimes list as evidence and yet often don't even list in the SOC and then they fail to consider it in any way whatsoever.
"New and material" can also be a strong internet medical print out or a highlighted part of a VA med rec- anything at all that they have not opined on yet.
I agree with Berta. I had my entire claim reconsidered by the VA back to 98, based solely on my original claim and the evidence submitted 12 years ago. We found CUE's that changed the outcome of my rating from initial claim. I did not have to submit new and material evidence; however, I had to highlight all areas of evidence not acknowledged/considered, but submitted in original claim.
I have also been told that once you open up a claim, you are opening up your entire record in which the VA has the right to review all SC disabilities. I'm not sure of the accuracy of this statement, but I have been told this by many VSO's.
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Hey what's that direct number?.....
Looks like you're in for a nice package coming in the mail soon.
Knowing myself I'd probably pitch a tent beside my mailbox. B)
Billy
Oh don't worry...I have my children sitting by the window with bells and whistles. At night I put them in night vision goggles, just in case the mailman realizes he forgot my envelope and makes a special delivery :)
So hard not to be anxious, excited, just stressed out. I'm sure I will cry like a baby when the funds are in the bank!
As far as that number....are you in the San Diego area???
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So 7 weeks ago the DAV sent me an "unofficial" letter stating that I had my disability increased and that I would be receiving retro payment back over 10 years. Of coarse I get excited...even though I know that it is "unofficial" but was told I would receive official in about two weeks at the most followed by payment.
Not only have I not received a single statement of what is going on from the VA, when I call my useless VSO all he says is that I am still at the rater. Now my DAV rep said I was already at finance. IRIS inquiry offered nothing.
The DAV should NOT be sending out unofficial letters until the VA has completed the rating and it has been made official!
This has drained me mentally even physically! I am so frustrated and this process is torture.
To top it off I received a letter from Debt Management for some erroneous debt that has incurred due to my change in C&P. They stated that I have received and overpayment and they will begin recouping it Sep 09. There is no debt, I haven't ever been overpaid or received anything not entitled to.
WHAT IS WRONG WITH THE VA ?????????? It is as though they have so many chain of commands, departments, processes, procedures, YET they manage to lack COMMUNICATION between them!
I currently work because I have to financially support my family. This retro pay allows me to only work part time rather than full time and will help take care of my disabilities. Currently I work in severe pain and don't take my pain meds because it will keep me from being coherent and fulfilling my job requirements. In return I am in severe pain and end up having poor job performance because of it...Anyway my point is, is that this claim changes everything for me if I have indeed been awarded retro pay and an increase in disability.
I have HADIT.....sorry had to throw that out there!
OK, everyone...brace yourselves! I received another response from IRIS just checking to make sure that the phone call follow up I received from the representative from VARO was satisfactory....! What? I'm confused, they are actually showing a genuine concern for the Vet. I have never had this happen in all these years.
Then I received another, I repeat another phone call from the same gentleman at VARO with more information for me. Unfortunately I missed his call, but he left me a DIRECT LINE ! I feel super ultra privileged.....I have a direct line number! No more 800 number for me :)
The second IRIS response also told me that this so called Debt will not affect my claim. They said they will complete my claim...then send my file to the finance department to research this so called debt. SO this means they aren't going to hold up the "official" notification of award....good news. I hope that they don't hold up the retro pay...I can see this happening, but hopefully not.
That big brown/white/yellow (I'll take any color of the rainbow at this point) envelope should be any day now!
I'm beginning to feel a little special B)
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The basics, I am 50% SC for PTSD, 20% SC for DM2, and 10% SC for PN for each limb for a total of 80% SC. I filed for TDIU last July and was denied and filed a NOD in October.
I just found in my C-file the results of a VA ordered medical exam done in March of 2005 which included an addendum which states:
"The veteran reported high blood pressure problems for the past two years and has been on antihypertensive medication. The diagnosis is HYPERTENSION, at least as likely as not related to diabetes."
The VA never rated me hypertension as a result of this exam. In this exam I was 164/84 and will run in the 140's/80's today and am on multiple antihypertensive meds. Is this a CUE? Should I say anything now and disrupt the process of my current appeal? I am guessing at best I will only get 10% on this which will not raise my overall %.
Any thoughts? Should I just ask for a rating for hypertension second to DM2 and hope they re-examine my more current evidence in support of TDIU?
I also found in my SMR visits to the doc for heart burn on multiple occassions (currently have GERD) and multiple visits for back pain (currently take pain meds for back pain) should I file for these too?
Thanks to all for all of your previous help!
Any chance you specifically asked for compensation for your back in your original claim? IF you did and they did not give you a rating...you could get it dated back to your original claim...???
Have your Dr. order an MRI for your back. Submit submit submit. I have had severe back pain from an injury over 10 years ago and it has only gotten worse...!
Take care of yourself!!!
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I think the RO just gave you a hint. AWARDS.
Let it sink a couple of days but I think you just got your claim approved.
J
I think so too, but I also thought that 8 weeks ago when I was told it was with the finance department...then it bounced back to the rater and has been there ever since B)
Oh well, even though it hasn't been a couple of days.....it has sunk it! I won't spend it till I got it :)
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Has anyone filed a claim for big toe injury caused by spinal disabilities? This is urgent.
What exactly do you mean by injury??? Do you mean painful symptoms that are somehow related to your spinal injury? This would be possible through nerve damage????
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The letter need to go to the regional office. Debt Management can not waive a debt. They are only a collections agency.
I sent a Waiver, also stated Financial Hardship, and requested a Hearing. As advised by the DAV rep I sat down with yesterday, I also asked for payment plan. This seemed as though I was admitting that I owe the debt, but the DAV rep said that if I don't get the waiver they will take it all in a lump sum. Regardless I have begun the battle.
Thanks for ALL the advice on this....I have utilized it all! B)
Today, in total amazement, I received a phone call from VARO regarding the IRIS I put in a week ago. He told me that my claim is at the awards portion.
I haven't heard of this way, is this the finance department?
He also said that my claim should be finalized in no more than 30 days and it will be worked on tomorrow.
I think this VERY NICE gentleman was very careful with his terminology to avoid accountability, but I understand; it's not official until it's official :)
Anyhow, pleasantly surprised by this call today. Persistence is beginning to pay off. SLOWLY but SURELY.
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Have you ever defaulted on a VA home loan, or received seperation or severance pay?
Hi Sharon, no home loan...received separation pay, but that was already recouped before I ever received a single compensation payment (that was for only around $5,000).
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The easiest way to deal with them if you do not know what is going on is to follow this:
I don't understand how I was overpaid. Can you send me an audit of my account? top
You can call our toll-free number 1 800 827-0648, and explain to the operator that you would like an audit of your overpayment. The audit will also include your repayment options.
I should be receiving my decision letter any day (lol) from a claim I put in 8 months ago. It's at the rater for the second or third time.
Would requesting a financial audit delay my c&p claim; or, should I request an audit so that they don't touch the retro pay I should be getting (which by the way is back to 1998)? Can they even do that if I appeal the Debt letter, NOD it, send in a waiver, etc?
When I spoke to Debt Management, which is the number above (I think) they said I would have to call my local VARO to request a financial audit. When I called my local VARO they said it is from Buffalo...call them?
I tell you what I am so tired of being bounced from one number/person to the next!
I really appreciate all the great advice I'm getting in just a couple of days! Keep it coming <_< .
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Did they say in the letter how much the overpayment was? If they didn't you should get a separate letter letting you know this. Until then I wouldn't stress over it. Also, if it's Voc Rehab I wouldn't think they would pull your c-file. Even if it isn't Voc Rehab it may be a clerical error and they probably wouldn't have to pull your file for that either. I hope you hear something soon and get clarification of what's going on. The NOT KNOWING part is what tears us up the most I think.
Billy
Uh oh....it's until then...the amount was in the original letter from Debt Managment for $12.639.00. That is no chump change.
I was thinking (I try not to do too much of that) Voc Rehab was ALWAYS late paying the school. When I tried to get my diploma and transcripts the College wouldn't give them to me until my account was paid off. I'm thinking Voc Rehab/VA had to pay out a large sum that may have caused a red flag all these years later. MAYBE someone inputted into the system that the monies due the school went to ME (which obviously didn't) I can't remember the total amount due the school but maybe just maybe that's what this is all about!
Hmmm?!?!?!
Cue Yes Or No ?
in CUE Clear and Unmistakable Error
Posted
I agree, CUE is virtually impossible to prove with the VA having an escape clause regarding every CFR....My DRO hearing went well and hopefully I will come out with a favorable decision. The factual error in my claim is undebatable. The original rater clearly changed the findings on my MRI, he didn't just interpret them wrong, he changed the diagnosis. The DRO told me he saw the error and agreed with me....but didn't say outright you "win".
Now I play the waiting game. Sure would like to know before Christmas....my kids would be happy if Santa got a bonus :) From what I've heard...due to the pretty decent retro back to 1998, if I were to receive a favorable decision it might be intentionally delayed....I don't know how much I agree with that, but word of mouth says it happens quite a bit?