Va Calls Cue On Itself

[Guest Berta]

gee-when it rains it pours-

I only have a few more days off from school- and it seems like many of my local vets are suddenly getting decisions-

One of my vets just had a CUE called on itself by VARO- long story-wont go into here- but their wording in the decision-which is very favorable to him reads thus:

The decision (2003) "was improperly based on the available evidence of record at the time and the rules then in effect. Therefore a revision of an effective date is warranted."

Well- seems to me they made CUE in his 1980 claim too-

I am using their exact wording to state the CUE I am writing today.

His 'available evidence of record' at time of the 2003 decision was the same evidence of record in a 1981 denial.

I felt the VARO's own wording of the CUE they called on themselves is wording that any claimant could use-if the evidence was "available" at the time of prior denial.

This vet was on SSA in 1981 for what is now SC- VA did not appear to get the SSA records until a few years ago-they listed a receipt date-of 2000.

The veteran's SC disability caused him numerous hospitalizations and he himself could not tell me when he started getting SSA or whether he told VA in 1980 that he got it. But the VA acknowledged receipt. and the 1980 SSA entitlement date.

This CUE is a ploy that might or might not work- it involves 15 more years of retro if it flies-

In 1980 the SSA records were 'available'.

The recent VARO decision used that fact to support the CUE they called on themselves for a 2003 denial-of a 1999 claim.

Wouldn't a CUE by the vet using this same logic also support a "revision in effective date" even more favorable than the new EED they just gave him due to their CUE?

I just love to use what THEY say, against them !!!!! B)

Edited September 11, 2005 by Berta

[Pete53]

Berta this is the time of year that most of the decisions come in at least that is my experience. Has something to do with the VA Budget although some argue it does not.

Good Luck you do a great job for Veterans

[Guest Berta]

Yes you are correct Peter and have mentioned that before over the many years I have known you-

I keep forgetting this is a good time for decisions to be made-

One of my DRO vets signed his election form the same week I did in 2004 and he just got DRO decision so maybe they really are working on mine too-

You do plenty of good work too Peter and your support of these vets is often just what they need.

Your signature is really something-it says a lot about the system.

Berta

[Alex]

Berta -

My experience is that DRO's spend about 5 mimutes before the conference with your file, and 15 minutes before if you tend to ramble.

Do noit beliee VA when it tells you that the DRO is working on it right now, necause he isn't.

Alex

[john999]

Alex

That is such crap from the VA. You wait a year or longer for the DRO and the guy is not even prepared and probably does not give a damn. That sounds just like a C&P exam. I think this is why they tend to parrot the initial decision. It is just easier to go along with the previous decision.

[Guest Berta]

Terry -the Nehmer Decision ( Beverly Nehmer V VA)

blew retro guidelines out the window-for AO vets -(see Nehmer Retroactive info at NVLSP web site)

but the reg you are talking about - I am not aware of any reg that prohibits retro- even on non Nehmer claims- most successful retro claims that involve years of retro are the results of a successful CUE claim.

?????

:(