Just Got Soc

[broncovet]

I am considering asking for a "Motion for Reconsideration" or even, as Berta has suggested, asking the vA to Cue themselves, because I really do not want to wait another 4 years at the BVA.

I am in a dispute with the VA for my effective date. Essentially, I am contending that, at a VA medical professional's offfice, I made an informal claim for benefits years ago.

I am just curios if you think it will do any good to ask for a MFR or ask the VA to Cue themselves. I only have 60 days to file an I9, or I will "loose" the possibility of an appeal. Do you think its ok to ask for a MFR at the same time I appeal, or, ask the VA to CUE themselves concurrently with this appeal? Thanks..Bronco.

[*Bergie*]

Bergie asked

"I like the "CUE themselves" because you can point out the mistake and direct them to the info you want them to focus on. It's also something not commonly used by vets and it will certainly get their attention."

Bergie I did this last year and in 2007 because I noticed that from time to time in BVA decisions- (it sure doesn't happen often)-the BVA stated the VA had called a clear and unmistakable error on themselves in a decision they had made.

I figured -if we have to wait for denial and expiration of appeal period to file a CUE on them-why not then ask them to CUE themselves During the appeal period.

I asked them to Cue their May 2009 award letter, then 2 more subsequent awards letters since.Maybe three and in my post today in the DIC forum-

I intend to do it again.

I feel this way- (obviously my idea worked for me)----

if you get a decision that contains obvious legal errors- that are detrimental to your claim-

in a decision ( even in an award letter)

asking them to call CUE on themselves-got me much faster responses from them then preparing a NOD.

And every time you get the VA to respond to you- there is chance they will put a foot in their mouth by stating something else you can use against them.

In 2007 I asked them to CUE themselves via Iris and that worked-I got a new DRO review.

(But it appeared that my vet rep at the time screwed up royally because although he said he presented my IMOs (2 at that time)to the DRO the SSOC never mentioned he did that.I should have asked them to again CUE the SSOC.but I didnt)

You must raise the legal error they made per the regs.I used both the regs and M21-1 to get them to CUE themselves.If they violate M21-1 that is a legal error.

Except for DTA regs.

In my last request that they CUE themselves I had to get the OGC involved.

It all depends on the type of legal error.When the OGC sent them the very same regs I had sent them-discussed in a letter and phone calls from OGC to them )then they coughed up the cash.Their legal error for that CUE defied not only a BVA statement in a BVA case I had in 2000 it also defied documented info that the OGC had.

My point is asking them to CUE themselves while a claim is still open and in appellate status (wothin NOD year) rests on having the regs completely on your side and citing the exact legal error they committed.

and it must be an error that was detrimental to your claim.

Berta,

Thank you for clarifying the reason to ask the VARO to cue themselves. It was from you that I got the idea in the first place. I've considered it but have not needed it so far myself. I will definately save this post for future reference.

Thank you again,

Bergie

[broncovet]

Berta

Did you find any evidence that the RO employees were mad because you asked them to CUE? Did it "stir up a hornets nest"? I am pretty sure that I have already angered some RO employees by filing a Writ of Mandamus, but the good part of that is many/most of the employees that knew that I did that are gone, and the RO shredded any evidence of the Writ. I found that out with my newest copy of the C file..writ was gone!

I have enough trouble ticking people off at the hadit board, as it seems I have angered some. I guess if I anger the wrong ones, then I will get kicked off, and Veterans will loose again, since SOMETIMES I come up with some pretty good stuff that helps Vets. Of course, at other times I just rub people the wrong way.

I kinda wish people would understand that I have severe mental issues, or I would never have recieved the rating I have. Not to make excuses, but "it is what it is". In the recent watchdog article, one of the Va execs asked Vets to "cut him some slack" that they are working on the problems. Well, if anyone deserves "slack" its Vets as almost all of them gave up more for less than g employees. So I am asking, not so much for me..but for the Vets I have helped, past present and future, to cut me some slack. I earned it. That VA exec didnt. JMHO.

The reason I asked about the anger part, is, of course, "you can get more flies with honey, than with vinegar" and there is no doubt that the VA can and does retaliate on individual Vetrans, just because they can. I forget that Vets name who went to prison, basically because he "vigiously persued his benefits" and ticked the wrong people off in the process. Because the VA has zero accountability, and a "employee friendly" VAOIG, the hundreds of VA lawyers have to have something "to do" so they seem to go around looking for Vets to prosecute, since VA employees/executives enjoy VAOIG immunity to prosecution and the Attorney General wont go near the inside of the VA. It appears to me that a VA employee could commit murder, and the VAOIG would "recommend retraining" of that employee.

[Berta]

"Berta

Did you find any evidence that the RO employees were mad because you asked them to CUE?"

I dont care if anything I do or ever did - or intend to do now-re: the VARO -made them mad.

I do believe that the Buffalo VARO retaliated against me for my testimony to the H VAC by stalling my money for almost a year.

Then again I cant really determine it was retaliation or just plain stupidity.

The initial request I made for them to CUE themselves DID stir up a major hornet's nest.

It was via Iris and in the header I typed What the Hell is this?

regarding a SOC I had just received.I sent the Iris as a complaint ,told them why and asked them to CUE the SOC-(and not a status request because this way it got documented at VACO)

I received immediate attention and a new SSOC.

I sort of regret I wasn't more diplomatic in the Iris as to the what the Hell part- but I have behaved MUCH worse in the past regarding this same VARO.

[broncovet]

Berta..

Yea..sometimes I wonder if RO employees can figure out that they might be "a little" frustrated too, if it was their check that was delayed 8 years! Sometimes I forget this

is America, and our government is not supposed to be able to discriminate against us because we have a personality conflict with one or more government officials. I saw where someone disagreed with Sadamm Hussein..Sadaamm didn't mind..he just killed him. Others watched but dared not say anything else that would happen to them, too. In America, we are supposed to have "freedom of speech", and it is ok if I say I dont agree with the president.

I think it should be ok, also, to say we dont agree with the VA. Jim Strickland and Larry Scott, I think are both getting Va bennies, and they have published some things that are not particularly complimentary to the VA...that the VA would love to see swept under the rug and go away. These two say they are not "hate VA" sites, but you certainly dont see the VA providing a link to www.vawatchdog.org on the VA webiste. Ditto for hadit...I know the VA doesnt like hadit or especially watchdog, but I havent heard them doing a "proposal to reduce benefits" for Tbird, Larry or Jim, because they dont like their attitude.

My son was a manager for a resteraunt chain. When people did not like the food, he liked it when they complained..it was feedback, tho negative, it helped him resolve some issues he would have never known about. In a similar way, if the VA really wanted to fix any of their problems, they should embrace and at least listen to watchdog and hadit. The VA wont do that, and instead ban employees from visiting hadit or watchdog..tho I suppose these people could do this on their own time.

I guess I am frustrated with the Va also..and I really dont want to wait 4 years on the BVA a second time...especially knowing there is no guarntee that the VA wont just choose to "blow off" the BVA decision again, and just do things their own way. I do think the BVA and CAVC has "some influence" on the the RO's, but have you ever heard of a Va employee getting fired for non compliance of a BVA order? The VA reminds me of many cats...they will come when you call them..only if they think you have something for them. Otherwise, they ignore your calling. My dog, however, always comes when I call whether I have treats or not. I think the Va is like a cat...ok..here is my disablilty application...ok we will process it and not shred it...as long as you dont complain about VA bonuses....but if you complain..gee..your aplication could wind up in the shredder bin..because some of those employees just arent that well trained.

[hulamatt]

CUE only happens after the claim is done with no appeals or deadlines left.

The best way in my opinion is to talk to the rater by asking for a Hearing. At least you can present your evidence and ask the rater what their thinking is on your claim.

Plus having a face on the claim helps. All this is provided that you ask the RO to help you and don't pull off a rant. Just my opinion

pete how do you have a hearing with the rater, can you do this before you get a decision, as i have only sent in my app 4 months ago with no decision, but would definately like to talk face to face with the person rating me

[Pete53]

Ask for a hearing they have to give you one in a relatively short time its a major protection for Veterans and most don't know about it.

It gives you the opportunity to meet face to face with a decision maker.