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mrsvet28

Va Said They Made The Claim A Cue

Question

Hope this finds you elders well been gone awhile --

I'm happy to say I'm a granma again one of each now! will just review a minute

Nov 2009 granted award after 11 years-PTSD/ IU P&T /HYPERTENSION / LEG INJURY

retro went to 2002

opened claim in 1998

March 2010

opened for earlier original date of claim with evidence

June they closed it for no reason AND SAID I SHOULD APPEAL IT ON A FORM 9/they had it mixed up with hypertension claim that was decided favorable in August for 0 percent

had to prove that and did

July - sent evidence of the original date time stamp and original application for benefits from 1998 again

have the certified receipts

September said they are working on it via the usual letter from them and no further action on my part is necessary

October-they sent letter saying they received claim

December 6-they sent letter saying they are working on it

Dec 7-We are working on your claim for clear and unmistakale error for a rating decision July 2000 we are returning duplicate evidence which is already a matter of record

in your claims folder

THEY IRIScalled Dec 8th -they closed it again on Dec 7th SHE ASKED ME DID THEY ENCLOSE A FORM 9 OR A SOC? AND THEN SHE SAID SHE'D SEND A LETTER

todays letter states:

THANK YOU FOR YOUR INQUIRY REGARDING YOUR CLAIM. IT IS IMPORTANT TO US AND WE HOPE THIS INFORMATION IS HELPFUL.ACCORDING TO OUR RECORDS WE SENT YOU A LETTER DATE DEC 7 STATING WE WERE RETURNING EVIDENCE THAT YOU SUBMITTED IN YOUR CLAIM FOR CLEAR AND UNMISTAKABLE ERRORBECAUSE IT WAS DETERMINED TO BE DUPLICATE EVIDENCE ALREADY IN YOUR CLAIMS FOLDER,

THEREFORE YOUR CLAIM WAS CLOSED IN OUR COMPUTER SYSTEM BECAUSE THERE WAS NO VALID CLAIM TO BE PROCESSED.

SHOULD YOU WISH TO HAVE A CLAIM FOR CLEAR AND UNMISTAKABLE ERROR CONSIDERED YOU SHOULD REOPEN THE CLAIM AND PROVIDE NEW EVIDENCE

NOT PREVIOUSLY CONSIDERED TO SUPPORT THE CLAIM

PLEASE BE ADVISED WE DID NOT INCLUDE AN APPEALS PARAGRAPGH IN OUR LETTERDATED DEC 7 BECAUSE THERE WAS NO RATING DECISION MADE ON THIS CLAIM

PLEASE REVIEW THE ENCLOSED DEC7 LETTERIF YOU WISH TO REOPENED YOUR CLAIM FOR CLEAR AND UNMISTAKABLE ERROR WHICH GIVES YOU THE CRITIERIAFOR THE EVIDENCE NEEDED TO ESTABLISH THE CLAIM.

JUST LIKE THE LAST TIME WHAT THE HE,, IS GOING ON?

SHE IRIS INQUIRY ALSO SAID THEY'RE MUTIPLE CLAIMS OPEN -I SAID ISSUES OR CLAIMS -SHE SAID CLAIMS-BUT THIS SHOULD HAVE BEEN THE ONLY ONE OPEN

FOR THE EARLIER DATE OF CLAIM

I ASKED HER WHO MADE IT A CUE CLAIM-SHE SAID THEY DID-I SAID WHY

NOW HOW CAN I PROVE THE CLAIM WAS FIRST OPENED IN 1998 WHEN MRVET WAS FIRST DIAGNOSED WITH HYPERTENSION-AND NOT 2002?

I THOUGHT I HAD IT ALL COVERED-GUESS NOT ANY TAKERS FOR THIS ONE GUYS? THANKS MRSVET

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"SHOULD YOU WISH TO HAVE A CLAIM FOR CLEAR AND UNMISTAKABLE ERROR CONSIDERED YOU SHOULD REOPEN THE CLAIM AND PROVIDE NEW EVIDENCE

NOT PREVIOUSLY CONSIDERED TO SUPPORT THE CLAIM" That doesnt make sense- a CUE is one thing and a re-open is another thing-

"NOW HOW CAN I PROVE THE CLAIM WAS FIRST OPENED IN 1998 WHEN MRVET WAS FIRST DIAGNOSED WITH HYPERTENSION-AND NOT 2002?"

Send them a copy of the claim- a copy if you dnt have one- could be still in your POA file if you had a POA at that time.

Also I had a claim in 1995 that I cant find but the BVA referenced it in a remand I got some time ago.Did you ever have anything at the BVA?

BUT

"June they closed it for no reason AND SAID I SHOULD APPEAL IT ON A FORM 9/they had it mixed up with hypertension claim that was decided favorable in August for 0 percent"

August of what year? No CUE existed if there is not ratable comp due.

"Nov 2009 granted award after 11 years-PTSD/ IU P&T /HYPERTENSION / LEG INJURY"

What is the HBP SC % percent in this award?

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"SHOULD YOU WISH TO HAVE A CLAIM FOR CLEAR AND UNMISTAKABLE ERROR CONSIDERED YOU SHOULD REOPEN THE CLAIM AND PROVIDE NEW EVIDENCE

NOT PREVIOUSLY CONSIDERED TO SUPPORT THE CLAIM" That doesnt make sense- a CUE is one thing and a re-open is another thing-

"NOW HOW CAN I PROVE THE CLAIM WAS FIRST OPENED IN 1998 WHEN MRVET WAS FIRST DIAGNOSED WITH HYPERTENSION-AND NOT 2002?"

Send them a copy of the claim- a copy if you dnt have one- could be still in your POA file if you had a POA at that time.

Also I had a claim in 1995 that I cant find but the BVA referenced it in a remand I got some time ago.Did you ever have anything at the BVA?

BUT

"June they closed it for no reason AND SAID I SHOULD APPEAL IT ON A FORM 9/they had it mixed up with hypertension claim that was decided favorable in August for 0 percent"

August of what year? No CUE existed if there is not ratable comp due.

"Nov 2009 granted award after 11 years-PTSD/ IU P&T /HYPERTENSION / LEG INJURY"

What is the HBP SC % percent in this award?

hypertension is 0 % as of August2010- they seperated it from the original BVA remand with four issues and made it a seperate issue then they closed that as well-and I had to prove they made a mistake and so I did

I already sent them the 1998 claim- along with all papers to the dates from 1998-2001- I have 120 gallons of paperwork from 11 years!

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