Sc Dic Won Over A Month Ago....no Notice In The Mail

[Judy]

Unbelievable!

VARO called me April 23rd to say that I won the 18+ year old SC DIC claim.

"The letter will be in the mail to you....fifteen days after the letter is mailed, the check will follow"...

As of today 34 days later, they can't EVEN FIND the file!! I have received nothing in the mail and all my phone calls to the VARO Rep have resulted in "we can't find the file".

I have been told during this month long saga, "file went to raters"; "file went to review"; "file went to post department"; "file is in accounting" and much more. Only I have no letter and they can't even find the file.

I was told today that I can choose to "wait" or I can contact my Senator for help.

Judy

[Judy]

Berta,

Here is the link for the 8 year rule that I mentioned.

http://www.vba.va.gov/bln/21/Rates/comp03b.htm

Also, I need to go back to my 1990 records and see if the original doctors "letter" I submitted in my original claim (the letter that was knocked down rapidly) made any mention of malpractice.... I don't remember. If it did, I may not be able to pursue FTCA.

I definitely intend to either CUE or ask for reconsideration on the eed retro back to date of death 1990 though.

Judy

[Judy]

Actually, here is the correct link for those who died PRIOR to January 1, 1993 and this one applies to my claim.

See (f) under basic DIC pay for enlisted personnel

http://www.vba.va.gov/bln/21/Rates/comp03.htm#BM04

Judy

[Judy]

My focus on this matter is twofold:

1) to get the DIC monthly pay corrected by the amount of the 8 yr spouse rule (f) as posted above;

AND

2) to get the retro pay back to date of death (instead of the two years they just gave me....only back to date of re-opened claim)

Judy

[carlie]

Judy,

Just a quick note to give you a little support on your claim.

Hang in there !

carlie

[Berta]

WOW- I see what you mean - the 8 year provision rule-

good research Judy-

And I think I now understand what you mean about a CUE claim-

If the initial DIC was denied and final for years and now the same claim has been awarded-

that would be basis for CUE claim on the older decision.

Is that what you meant?

[Judy]

Berta,

Bingo. Exactly what I mean about the CUE!

Yes, the claim was originally denied, appealed, went to BVA and was remanded to Houston VARO where it was again denied. It did remain final for years until I reopened it in 2007.

If no circumstances changed (and they didn't) from the date the original claim was filed and denied; then nothing is different now than it was back then....so...

IF I am RIGHT now; I was RIGHT THEN, right?

This to me is a CUE. Do I CUE them for the EED retro pay back to date of death?

I am not sure how to file for the omission of the 8 yr provision...guess that is a CUE too ?

Judy