Buffalo Ny Hardship Claim

[Mr cue]

i have a cue claim had hearing in may 07 was well prepare thank to hadit told all law an reg that i no they cue i get the decision in oct07 and not one word of hearing or the law and reg i say that cue and how it would have made a differents if not for this cue.i put in my house forcoluser paper as hardship back in may and put them in oct when i elected dro so my thing is that i use iris and got a response say its with dro dec 1 and that they were email my hardship claim so any one no how long dro last a buffalo varo and i ask for hearing with him. what else can i do when that just gave me a decision that was a bunch of nothing and that even talk about that last rater was most ganrish to me. how hell is a person ganrish when i was hurt.

[Berta]

I am not sure how a hardship situation works-do you have a vet rep supporting this type of request?

Can you tell us exactly how they worded the CUE denial?

Buffalo has ignored my legal CUE evidence for over 4 years.

I too have never received any acknowledgement on the evidence I sent to them at all.

If they completely ignored probative legal evidence that you sent to them,to support the CUE claim- you could ask them to reconsider under the "October Incident" Fast letter.

[Berta]

I found your recent post on this CUE claim:Jan 19 2009, 04:59 PM

"i have acue that is on this subjet and presumtion of soundeness and in the line of duty and a statement made by a veteran can not be use to denied a claim.are a few reg and law i use in my cue. i also was deined for an injury to my elbow because i checked i broke it on entry exam and recuitor exam when i was 12yr old each doc on each exam stated healed i had a fall where i injury neck and elbow.neck was service connected elbow deined because i was to have say i had problem with it before services and i never told recuitor on recuitor exam i checked it and doc stated healed after fall ex ray show bone chips on the elbow "

Even if they didnt know of a prior elbow injury-did your SMCs show that the elbow was injured at same time of fall and neck injury?

Bone chips on elbow- I am not sure how this raises to a ratable level.Do you have documented disability due to this elbow problem?

[Mr cue]

here it is in a nut shell i had a fall and hurt my neck and elbow this doumount in my army reports on my enrty exam with all the check if u had on it i check that i broke elbow when 12 i was 22 in the army when i had the fall after fall i was put out of army with all of these limition the same i have now which was part of the record at that time. i when to med 200 exam in army got that report and doc states i told him i had problem with my hands and elbow before army and i did not tell recuitor before army this is all false i have the recuitor exam with me and recuitor names on it were i checked i broke elbow when 12 it was part of my record now i had three different exam for army were doc stated elbow healed no problem even qual airborne. was part of record now i got my records from army it was apaper were u agree with this and i never got it and its in my records unsigned.so i was denid for all my nerve damge in 93 which comp doc stated army stated but i was granted 10%under 5322 which is for some with a gunshot wound.i found hadit in 2000 and reopen claim i have never work after army 93 i was in voc rehab since 93 i had to keep dropin out due to my disabilty which means i was in because i had a serious employment hadcap to be in with 10% well 2000 i had mri and all these study and i have left c7c8 cervical radiculopathy and left sensory polyneuropathy. i was grant 60% with iu but with 2000 eed. i had these same problems and they put these with my elbow in 93 and denied me for that false statement which is on all denied form 93 that i say i had problem and never told recuitor. there is a reg i dont have them in front of me but it states a statement made by a veteran can not be use to denied benfits with out medical proof that was one of the cue they did and presumtion of soundness is the other cue and in th line of duty is the other i found a cue that was granted were they did the same thing to a veteran for making a check on your entry exam on comp exam in 93 say that i have the same condition as rated now but do to problems veterans stated about. i never made one statement i was young a did not no was going on. sorry just had to vent some but i was rated 5322 10%in 93 when i put in for incresase denied no deep pentring wound. i had no wound so 2000 i was granted 5932 which is for my condition. in 93 is there a reg where veteran is two get higher of two or when there is a problem rating codes. so in 93 i was getting 80.00 a month with no pension which i quifty for no nothing they 2000 when i found hadit thank you i am 100%p/t iu but what about 93 until 2000 i believe they owe me so i put in the cue for all this had the hearing in may told of all laws and regs and than i get a denied that did not have one law or reg i stated at hearing so now its is with the dro i ask for a hearing with him no and i got nothing as of now. i lost wife back than what 21 yr old women want to help here man do things and there 80.00 amonth two kids sorry venting again well thank you all and so do any one no how long dro take in buffalo and what does this hard ship do .

[Mr cue]

sorry so long but had to let it out

[Berta]

It took me 2 years for a DRO review in Buffalo-you asked for a DRO hearing- I dont know how long that will take-it is hard for us to guess-

Do you have a vet rep?

I dont understand the hardship claim-you emailed them this claim? or they emailed you a form?

[Mr cue]

i have arep but they do nothing i got the denid and he was at hearing i did all talking because he did not no what a cue was or should i say he did not no much about reg &laws.i did my claim that i won he tell me give me your papers and i will turn them in i get faster results take them my self.i had one that told me he was no put a claim in for iu because they will not grant it why would so one who working to help vets stop vets there part of the problem some not all. wow venting again from what i under stand if hardship can be shown like bankructy or forclouser on a home va is sopposed to expidated claims.