Varo Sent Cue Claim To Dav For Review?

[Guest Jim S.]

I checked on my CUE claim's progress today and was told it was sent to my DAV representative for review, since he has my power of attorney to represent me.

I filed the claim on my own, without any assistance from the DAV, because they refused to consider my claim for CUE in the first place.

Now I am being told it was sent to them for review and they are waiting for the DAV to return it. Also I was told that the DAV post is vacant at the moment and they are looking for someone to permanently fill the possition. I guess it is being filled by temperary personel at the moment.

What would be my best course of acction at this point? Maybe I should be asked to be appointed to the postion. Not sure how SS would see this, they may claim I am able to work and cut off my SSDI benefits.

Anyway, I would like the members opions on the next course of action.

Jim S. B)

[Berta]

Pete-that is the same vet who blasted me when I started here-

I got the same type of emails too -awful stuff about Dr. Bash-

'your boy Craig did this and that ---your boy screwed me'---why did you recommend him blah blah bah-

He blamed me for what he said was a lousy opinion from Bash and mailed it to me-I read it and it was not lousy at all

Dr. Bash got him all he could-and what he promised him he could try for- which was better than the 10% he had-but he will never get 100% SC.No evidence at all of that.

Dr. Bash got this vet A & A on his wife's 100% VA SC. Dr. Bash cannot perform any miracle-

If you ever access this specific vet's BVA case- you will see what is really what there-

Maybe this is not appropriate -what I just said here- but this vet did all he could to get me off hadit---

called me all hours of night and day-emailed me awful stuff, talked behind back of many here-

and he lied to all of us many times-

I had a big flashback when you mentioned this- sorry all----I am pissed off just thinking about him----

Jim- do you get any private counseling at all- are you on Medicare and got medicare set you up with someone who could give you an opinion.

Jim is correct-Dr. Bash refers many psychiatric claims-because as a NeuroRadiologist, the VA could say his opinion is without rationale and merit for mental disabilties.

[Berta]

Jim- I think it is odd that they sent it to the DAV-

Maybe they called the DAV and the guy didnt know what they were talking about and wanted to see your CUE.

My CUE -it was at the rating board for 2 months but it went to a supervisor coach last week.

My vet rep at the VARO got the point of it when I first filed it- but if they sent it to my local vet rep-

I dont think he would know what to say to them-on a CUE-

The VA had sent me a letter regarding it-(in March) they didnt say what they needed -VCAA letters do not come to CUE claimants- it seemed like they were just restating it-

and had some questions-sort of- weird letter---have you heard anything on it from the VARO?

I replied with the VA case law and General Counsel Opinion (and BVA links)that supports the CUE and I sent a copy of the decision I Cued- which they have all this- but I then found something great in 38 CFR-and sent that too-

I had never noticed this before- if a veteran, by medical evidence is eligible for SMC yet the VA fails to consider the vet- that is a CUE-(unless still an open claim)

It says it right in M21-1 or 38-forget where-

I had never seen it stated that succinctly before-

So I repeated it in my response,attached copy of this reg, and also the decision I sent shows the veteran was eligible but not considered at all-

Oddly enough Bell works for me in this claim. The SMC CUE was in 1998.

My main claim was decided months ago- 3 authorizors signed off and the vet rep said that is done-but they are putting both decisions together- I think-

it involves Nehmer so that would make sense.

Edited June 28, 2006 by Berta