Any Comments On What

[Berta]

It is hard to interpret this-

In late July I Irised the VA for status of my SMC CUE claim filed in July 2004 and I had responded to their SSOC in Nov 2009.

Mr Cruse ( who of course is many people who answer the Iris requests) informed me that he had to send my Iris to Buffalo RO for response.I have not heard from them since.

I filed my AO IHD death claim on Aug 2, 2010 reminding the VA that a proper award under this new claim would render my 2004 CUE claim as a moot issue.The new regs altered my whole scenario.

In the Nov 2009 response I made to their SSOC on the CUE claim (I requested DRO Review)I again sent them and listed all of my legal evidence (which they have refused to consider since 2004 -just like the evidence for the 7 years my AO DMII claim took)

and I also prepared and sent them an I-9 regarding the CUE claim with the legal evidence with that BUT

I also told them they CANNOT do a DRO Review nor send the Appeal to the BVA until they correct significant critical errors they made in their last denial letter to me.

(I bet they just love me)

Today the 800 man -who seemed to know how to read the PC screen said they dont have the new claim in the PC yet-which is OK because they did receive it per USPS But that on August 4 there was movement on the CUE claim and the "case" meaning that CUE has been "re assigned" and is with the Pension Management Center as of Aug 16th.

My question is -this clearly does not involve a Pension but has anyone ever heard of the Pension Management Center?

Does anyone think that perhaps they realized my new AO claim would impact on this CUE so they better do something with it?

or does anyone think they determined that they cannot go forward with a DRO review or BVA transfer because their denials have been bizarre to say the least and I told them they are denying me all of my evidentiary rights within 38 4.3 and 4.6 blah blah and their last SSOC contains critical errors?

[Berta]

Or maybe they realized from the CUE of 2004 and my recent award letter that Rod had IHD and was exposed to AO so he has to be considered for SMC now? and the CUE is now a Nehmer situaton.

The CUE was because they said he was "not eligible for SMC under any circumstance."

I told them too I read and re-read 38 USC 1114 dozens of times and the regulation and criteria for SMC consideration does not state anywhere' the criteria applies but "except for deceased Vietnam veteran Rod Simmons"

[RSG]

All I can say Is I definitely understand bizzare deials, and I can sympathize......Bizzare from the word GO!!

[Berta]

Gee _I should have googled this sooner:

http://www.benefits.va.gov/milwaukee/Milwaukee_VA_Pension_Management_Center.asp

They sent my CUE claim to the Pension Management Center because they handle pensions etc as well as claims regarding accrued benefits and this was an accrued benefit claim.

This is great to know that maybe it is finally where they should have sent it - since I filed it in 2004.

Then again my new AO IHD claim is for accrued too---maybe it is the newer claim?????

It sure doesn't pay to speculate though.At least they did something with one of my claims.That is a biggy.

[stillhere]

Berta, I think you are right it does appear that they are finally starting to move on this for you.

Good Luck!

By the way I also sent an Iris couple of weeks ago asking about my EED claim for IHD and got an answer back saying they were going to have to check with the RO? I find that pretty good that they have to check! That info should be in the system.

Seems they are just infected with the 2 steps forward and 2 backwards approach in anything they do.

I also have not heard back when I asked them again in a follow up to that Iris?

[Pete53]

VA Logic and Math has never made sense to me. Figuring out what the VA is doing is impossible.

Good Luck I am thinking good thoughts.

By now they know you will never stop till they do the right thing or cut a deal.

[carlie]

They sent my CUE claim to the Pension Management Center because they handle pensions etc as well as

claims regarding accrued benefits and this was an accrued benefit claim.

Berta,

I slept in and just began reading the board.

When I read your post that started this topic I was thinking exactly what you have posted above.

My question - did Rod's original compensation come by way of pension ?

In regards to the accrued benefits - we know there are still some to come your way.

I always think that if Beverly Nehmer never got the AO claim to the court, there would still be a class action,

it would have just been under Berta Simmons : )