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The Whole System Fraud

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Mr cue

Question

i did a cue claim about a 93 claim it made it all the way to the bva they dissmissed it said my claim from 1994 has been in appeal status and still pending

i thought this is great i was awarded 60% for the same issue and iu 2004 by the dro which has jurdition over appeal issue even say it on decision this is a full granted of all appeal issues.

this would mean there can not be any appeal issues from 94 they were granted 2004. eed should now be 1994.

no bva granted me 10% from 1994-2004 and say the ro granted me the 60% 2004 and remaned my iu claim so a doctor to tell if i could have work 1994 i have never work since 1994 they have ssi records which states this.

i have ask for my eed dates did the reconsideration and once again ask why my eed are not 1994 what i got was appeal to courts did that

now i am at the court and the lawyer from the ogc which is the lawyer for va has drag. she has not call my lawyer and took two month to appear on the cases

during this whole process not once has any part of va denied my eed or granted them just never answer. and past the buck and now the wait and they are not even working on my iu claim. i was told because my case is with the court that put a hold on the remaned amc.

this is a bold face lie va manual tell how to handle cases like this and you are to keep developing them. amc has since for 3 different doctor statements and everyone has agree with me and now they want a 4 and still will not answer how are u developing something that was granted.

so my belief is that the whole system is shot or they have system to all this hope you mess up before we pay

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Yulooking

If it is in the hands of your lawyer you just have to wait. Is your lawyer getting paid a % of your possible retro? If they are it makes them work harder. If the lawyer is going to get 20% of several hundred thousand dollars they tend to want to make it happen. This is capitalism in action.

John 999,

Have a question

I filed a 21-4138 back in March of 2010'- for earlier date of claim- they awarded the retro to 2002- but opened the claim in 98'

now they say it is CUE-and have closed it , because I sent them the original 1998 application and their stamp

they say it is duplicate evidence so they closed it Dec7-the day they sent me a letter saying they were working on it-

I even called the IRIS and spoke to the woman in Sept. and she told me what to send in on a 21-4138-What are they up to

I

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  • HadIt.com Elder

Are you saying the VA called a CUE on themselves and are admitting your actual effective date is 1998? If you proved to them that you filed the original claim in 1998 instead of 2002 then you should be paid effective the 1998 date. I don't understand what you mean by the VA closing your claim. They have to either deny it or approve it and put it in writing.

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"they awarded the retro to 2002- but opened the claim in 98'"

As long as the 1998 claim was continuously prosecuted until the award-

meaning - not Re-opened after a denial, and as long as the medical evidence in 1998 warranted a SC rating, then the proper EED would be date of filing the 1998 claim.

What was the VA's rationale in the decision for using the 2002 date?

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this is what they do now when they owe big retro. and use the amc as a holding pen. i did the cueclaim 2008 it got to bva was told my claim has been in appeal status since 1994 on july 2009. well i got a march 2004 dro decision which say full granted of all current appeal. would seem my effective dates would now be 1994. n va has been doing everything to not answer and now at the court and va still has not told why my effective date are not 1994. i will say one thing all veterans need to send letter to close amc they are not helping there is no number,the people there are rude,the bva which remand the issue to them will tell you they have no jurdition on them. so how are they than.

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ulooking

If you use capitals and periods, it makes it easier for us "old guys" not all that used to texting to understand exactly what you are posting and you are likely to get a better answer.

bronco,

yulooking had a serious head injury active duty.

Grammer is not everything but yulooking has greatly improved since March 2008.

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