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Question

V.A. gave me a letter saying they found CUE back in 2002 decision for hearing. They want to check if it got worse since then so they called me with and Audiology appt for next week. Could this mean any change in my 10% compensation? I've lost all hearing in that ear since then. They even gave me hearing aids 5 years ago.

Jeff10

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Could this mean any change in my 10% compensation? I've lost all hearing in that ear since then. They even gave me hearing aids 5 years ago.

Jeff10

jeff,

Could be.

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do u go to va for treatment if so go to records in the va hospital and get all doctor reports. could take two week or u may get them right then.

make copys take one to va and file it with them. take one to comp exam doctor.

they gave u a hearing aid so make sure they look at and increase.

as long as there was not any fraud in the decision you are fine.

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"V.A. gave me a letter saying they found CUE back in 2002 decision for hearing. They want to check if it got worse since then so they called me with and Audiology appt for next week. Could this mean any change in my 10% compensation? I've lost all hearing in that ear since then. They even gave me hearing aids 5 years ago."

Good news! This is how they have to CUE themselves when they find they have made an error.

The Audio ratings are found in the VA's Schedule of Ratings here at hadit.They will give you a C & P to see the current level of impairment.I hope you have copies of all of your med recs and get a copy of the audio C & P they will perform as this way you can compare what rating they give you to what it should be.

It could be correct but best to check.

I had to LOL when I read this-

the VA made a CUE in a past decision I had years ago ( I told them they were wrong but they ignored my argument.This was technically a legal error and not a claims rating or retro error.) They never sent me a letter saying they made a CUE-instead I got letter from them that said the Regional Counsel ,when I reopened my claim had to check some OGC stuff in there and their letter said the RC told them to pay me.They had committed a CUE but didn't admit to making any legal error.

Regional COunsels- this is the same guy who -last year- would not correct another error they made.

In spite of sending him all the regs that showed I should be refunded a FTCA offset due to my SC death award-which VA kept ignoring-in my 2010 award letter, he sent me a letter that didn't make sense and suggested I was completely wrong in my interpretation of the regs I used.

I went over his head and then got BS along the same lines from General COunsel lawyers.

I dealt with them for years during my FTCA, most of them were still familiar with my case, and I am used to BS from lawyers so I kept on them.

Finally a top honcho from the OGC got my letter and immediately ordered VARO Buffalo to refund my offset.

This was a high five figure award so no wonder they were playing games.

In his letter to them, copy to me, he used the exact same regs I had been supporting my offset refund claim with.

So almost a year after my 2009 BVA award, I got my money.

My long point here is YES the VA makes errors.

And Yes they will CUE themselves if they catch the error as in your case-

but I believe more often then not they will do nothing about any errors if this involves money- hoping we never catch the error ourselves and question them.

The VA has made many major monetary errors in the 16 years I have been a claimant in my case-not claims retro matters- but other types of errors- involving a total of over 100 thousand dollars since 1995 (documented)

I wonder how often this occurs and even reps do not catch these errors.

I wouldnt give up as my interpretation of the specific regs was correct.

Edited by Berta

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I have been going to the V.A. for all medical since 2000. I would assume they have the record of my hearing aids since they sent me to the contractor for them.My County VSO must have seen the records and that's why he called me to come in and file the CUE.

Jeff10

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I have been going to the V.A. for all medical since 2000. I would assume they have the record of my hearing aids since they sent me to the contractor for them.My County VSO must have seen the records and that's why he called me to come in and file the CUE.

Jeff10

jeff,

Something doesn't sound right.

The first post said,

"V.A. gave me a letter saying they found CUE back in 2002 decision for hearing."

But now the VSO wants you "to come in and file the CUE." ?

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