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September 30th this year VA finally listened to me and said that I did request a hearing in response to a adverse proposal to reduce. I received the proposal on January 18th 2007 and responded January 25th 2007. They say that it was not stamped in until August 2007. They reduced me effective September 1st 2007.

Can I file a CUE because I was denied my due process because of their error? I was harmed by the VA because they did not give me and opportunity to show why I should be increased even more but certainly not reduced.

Rentalguy1 started at it but at that time I needed to find out the effective date.

By the way, when they found out they scheduled a DRO hearing on all issues within 2 weeks (October 17th 2008). I have received the transcript (November 17th 2008) but I have not received any further communication. They did say that they do not need anymore information from me.

Hopefully, I will hear something further around December 17th but I am not holding my breath. The 13 months of reduction was not paid back to me which they took in error.

What should I expect to happen now?

Happy Holidays everybody!

Edited by Bossman

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I am sorry. The efective date was July 1, 2007 but they did not reduce it until September 1, 2007.

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Can you prove that you returned on time?

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Yes I can. The form is in my C-file which I have a copy of. It is dated January 25, 2007. To me it looks like it was entered or stamped on March 7, 2007 but VA said that it is August 7, 2007. I believe that I am right because it was placed before some paperwork from April and May of that same year.

Thanks for your response.

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Boss:

I am confident that at your hearing you can fix this. You could also go to the VARO and ask to see a councellor and show them and probably get it fixed quicker. I also feel fairly certain that VA will pay you the money back.

Good Luck

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bossman, even if you cant prove it ask for the benefit of the doubt that you sent it due to the VA fast letter that went out regarding the mishandling of Veterans claims documents. You are within that time frame and Maybe they sat on it then dated like the New York Ro got busted for. Turn the tables on them.

J

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