Lets Play Veteran Lawyer With Me

[Mr cue]

i am have a problem find cases or precedents. where a claim was won and then there was a cue and then there found that the orginal claim was still open and unadjudcated. so the effective date where the claim was won is now the original claim date. and its the same issue from the orginal claim. so lets see i got to have fun with this or i be just be sitting here upset with va games as most are. so lets have fun.

[Berta]

There are examples of CUE here in the CUE forum with links to the cases-

Also CUEs and unadjudicated claims can be found at the CAVC in addition to the BVA.

http://www4.va.gov/vetapp09/files3/0921949.txt

Attorney Ken Carpenter raised both CUE and unadjudicated issues here but the claim failed -maybe they appealed to the CAVC.

http://www4.va.gov/vetapp08/files3/0823486.txt

Ken tried this again in this claim that was denied and might have appealed to the CAVC.

(I spoke to him when I filed a Writ years ago-for about 2 hours- this is a superb veteran's attorney wth many successes at the BVA and CAVC.)

http://www4.va.gov/vetapp08/files3/0822540.txt

The word “unadjudiucated” appears in this case but I dont have time to read it all- as you can see Ken is relentless and won this CUE claim for retro back to 1944!!!!!!!!!!!!!!!!!

Search BVA for unadjudicated and then for CUE claim's.

This stuff isnt always too much fun- I found these 3 cases in minutes but Saturday it took me over 2 hours to find a BVA claim I was looking for.

Now I have to go to the CAVC web site (with only the date of the BVA decision to start the search) and possibly I might find the CAVC decision -if they appealed it-and it might not even help anyone after doing all that.

[broncovet]

Berta..I love it! This Veteran waited 64 years for the VA to 'process' his valid claim. This is the longest claim I have heard of..has anyone else known the VA to take longer?

I can see it now. Well, Mr. Veteran sir, yes we are working on your claim and expect to have an answer within the next 50 years or so. Please be patient, or hurry up and die, so we dont have to pay this much retro.

[LarryJ]

Berta..I love it! This Veteran waited 64 years for the VA to 'process' his valid claim. This is the longest claim I have heard of..has anyone else known the VA to take longer?

I can see it now. Well, Mr. Veteran sir, yes we are working on your claim and expect to have an answer within the next 50 years or so. Please be patient, or hurry up and die, so we dont have to pay this much retro.

FUN!

I'll tell ya what would be FUN!

FUN would be watching the VA trying to figure out HOW MUCH retro to pay on a 64 year old claim!

I can see it now:

"Well, errrr, lessee, in 1945 the 20% rate was, well, $51.30, and he was 20% for three months in 1945, then they upped it to $53.97 and he was 20% until, well, lessee, ahhhh, yeah, 20% until....no, wait, he was 50%, yeah, 50% not 20%, and then..............ah, crap, sorry boss, time for my morning break.........why don't we let the NEWBY work on this?"

NOW THAT, THAT WOULD BE FUN!

[LarryJ]

Berta..I love it! This Veteran waited 64 years for the VA to 'process' his valid claim. This is the longest claim I have heard of..has anyone else known the VA to take longer?

I can see it now. Well, Mr. Veteran sir, yes we are working on your claim and expect to have an answer within the next 50 years or so. Please be patient, or hurry up and die, so we dont have to pay this much retro.

BTW, I just had a 91 year old, B17 waist gunner walk into my office last week. Wanted to file, to see if he was eligibile for any money for the "chronic anxiety" that he spent 3 months in the psych hospital in Colorado, after they fished him out of the English Channel ("chronic anxiety" = PTSD) and, "oh yeah, what about this shrapnel in my left leg, it kinda acts up on me sometimes, the older I get?".

Hmmmmmmmmm, well, lets see if the VA has any record of this? sezz me.

He says, "Oh, I've got my discharge and it says so on there, here it is. And, I have this book written by our wing commander in 1955, here's the chapter about that ditching, yup, 4 planes made it all the way back to Brighton Field from that bombin' run, out of.........I think it was 22 planes that mornin'...of course that didn't count us because we ditched......Billy, he was the other waist gunner......I couldn't get him out, I kept trying and we were sinkin'....but, he was shot up purty bad...." It was about three hours before the Coast Guard got us out.......cold, it was really cold.....I've never been really warm since then......" I thought, when I got out of the hospital in Colorado, that they wouldn't send me back....I already had my 25 missions in.....but, they were going through crews pretty badly, I guess, 'cause they sent me back for 9 more mission before the war was over......................."

GEEEEZZZ. I was humbled. ME! I was almost crying, just sitting there listening to this old guy. This REALLY hero, hero!

Ya wanna know WHY he decided to seek help, 65 years later? Because he has a brother who is 95 and he wants to move his brother into the same assisted living facility that he is now moving into himself, and his brother doesn't have much money..............................!

This fellow was my first "walk-in" veteran.

I told myself that I would keep my vso stuff out of and off the hadit board as much as possible, but, I had to share this one.

I asked the old fellow if it was okay, beforehand.

Edited January 18, 2010 by LarryJ

[carlie]

FUN!

I'll tell ya what would be FUN!

FUN would be watching the VA trying to figure out HOW MUCH retro to pay on a 64 year old claim!

I can see it now:

"Well, errrr, lessee, in 1945 the 20% rate was, well, $51.30, and he was 20% for three months in 1945, then they upped it to $53.97 and he was 20% until, well, lessee, ahhhh, yeah, 20% until....no, wait, he was 50%, yeah, 50% not 20%, and then..............ah, crap, sorry boss, time for my morning break.........why don't we let the NEWBY work on this?"

NOW THAT, THAT WOULD BE FUN!

Larry,

I sure agree on this one. The claimant will probably get staged

ratings per the medical evidence from 1944 to whatever ED winds up

being granted for his IU.

I'm left wondering if this claimant received much mental health care after the initial 1944 diagnosis was made as the BVA decision did not list any

continuity of care for MH.

Now he was granted IU as of March 1994 and a claim for EED of the IU

has been made,so whatever percentages he is assigned for MH during these

last 16 years

(and possibly IU further back with an EED prior to March 1994)

will most likely be a moot point by the remand .

Being that he is 96 now,and issues are remanded, I hope if he dies before this claim is settled, a relative can step in on his pending claims issues.

jmho,

carlie

[LarryJ]

Larry,

I sure agree on this one. The claimant will probably get staged

ratings per the medical evidence from 1944 to whatever ED winds up

being granted for his IU.

I'm left wondering if this claimant received much mental health care after the initial 1944 diagnosis was made as the BVA decision did not list any

continuity of care for MH.

Now he was granted IU as of March 1994 and a claim for EED of the IU

has been made,so whatever percentages he is assigned for MH during these

last 16 years

(and possibly IU further back with an EED prior to March 1994)

will most likely be a moot point by the remand .

Being that he is 96 now,and issues are remanded, I hope if he dies before this claim is settled, a relative can step in on his pending claims issues.

jmho,

carlie

Hopefully he has a vso that is on the ball enough to MAKE SURE that he has someone in his family to step up to the plate!

Edited January 18, 2010 by LarryJ