How Do I Get Retro Pay

[broncovet]

I agree with Basser, get a copy of the denial letter if you dont have one. Even though the one year appeal period expired, there is always the possibility of a Clear, Unmistakable, Error (CUE) claim, altho the "CUE" standard is more difficult to prove than a "regular" appeal. However, in the event of CUE, the one year maximum appeal period no longer applies.

I suggest you look up, at hadit, CUE claims to determine if it applies to your claim. Without the denial letter and other relevant details of your case contained in your Cfile, none of us can determine, for sure, if there is CUE or not.

[hmcquade]

Daniel J. Crocker

State Director

Veterans Service VFW

Michigan daniel.crocker@va.gov

Thanks,

Hugh

[hmcquade]

rdawg

I did call the VA back in 2002 to get the PW for the claim, but they deiend that claim and I never appealed until 2007.

Thanks,

Hugh

[jbasser]

What I am looking at os that the evidence used in your denial letter in 2003. Which became final in 2004.

A Cue is a clear and unmistakeable error. It is a collatarel attack on a final decision tthat if proven must significantly change the outcome of the claim. That means that it must provide you with some relief like Retro.

Disagreements on how evidence is evaluated is not a CUE.

Now if the evidence was in the record the Regs state that all evidence will be weighed. If it was not weighed then they failed to apply the regulation to the claim and a cue can be proven.

This is why it is important to see if they used the VA visit in the record as evidence or was it omitted. If omitted, Then you may have a CUE. If it was not then it is your word against theirs evidence.

Croker has a copy of the denial in your folder. He has to as your POA.

J

[hmcquade]

J.

THANKS WILL EMAIL CROCKER TODAY.

HUGH

[hmcquade]

Here is an update. I fired my DAV rep. he was not willing to work with me anymore on my appeal. I have a medical record for 1985 that shows I was diagnosed with Tinnitus at a VA Hospital in Bedford, Ma. My 2007 determination letter states that I never complained or did anything about my Tinnitus after 1971.

I sent the information to a Legal Firm in Northville MI to review this morning. I have also contacted the DAV requesting a new service rep.

Yesterday I called the VA requesting my denial letter from 2003 and the manI spoke with had been in Nam, Quang TRI, the same time I was. We had a great converstaion and he is sending me the paperwork Dan Crocker would not. Oh! I forgot to mention I asked Crocker to send me all the documents he had on me and he refused, telling me he was not going to handle my case anymore, that it did not warrant merit and I was not listening to him, nice guy to have on your team, not!

Big thanks to J.

Thanks,

Hugh