Va Made In Cue In Granting Service Connection For Als

[CALS]

My husband was granted disability in 2009 for ALS. The VA now says they made a CUE in granting his service connection, due to his active duty being for training, and are proposing to cut ALL benefits. HELP!!!

[Pete53]

Welcome to Hadit. How long and when did your husband serve? It is very important that you disagree with the reduction in a very short time. Others here can help you more than I.

Pete

[CALS]

I know about the 30 days to request hearing. He was in Army Nat Guard, and they originally accepted his 90 day active duty, but are now saying that it was for training, which makes him ineligible for benefit for ALS. They made a CUE in granting service connection to begin with, and are now proposing to sever his service connection based on the fact that he did not have 90 days continuous active duty. I think we have no recourse, as what they are saying is true, but we will be financially ruined if this happens. He was granted service connection in 2009, retroactive back to 2008 when the law went into affect.

[Berta]

Can you scan and post this decision here as an attachment or tell us exactly how VA worded this letter?

(Cover personal stuff if you scan the letter)

[Philip Rogers]

Based on what she posted and some assumption on my part, he's NG or an Army Reservist and if so shouldn't have been awarded SC, for ALS, if based on AO exposure. We/I'll wait for more info, before offer my opinion/help.

[Berta]

To clarify difference here between ALS and AL

ALS is presumptive in all vets with 9- days of continuous active service.

AL (amyloidosis) is an Agent Orange presumptive for any vet exposed to AO.

“September 23, 2008

(Printable Version)

Cites Association between Military Service and Later Development of ALS

WASHINGTON – Veterans with amyotrophic lateral sclerosis (ALS) may receive badly-needed support for themselves and their families after the Department of Veterans Affairs (VA) announced today that ALS will become a presumptively compensable illness for all veterans with 90 days or more of continuously active service in the military. “

“Posted 22 April 2009 - 08:53 AM

In November 2008 VA added Amyloidosis to the AO presumptives.

AL is not ALS which also was added as a chronic service connectable disability in all veterans but not caused by Agent Orange-

The VA web site has the updated presumptives as soon as they change and get added to it “

from:

“VA Secretary Refuses to Add Hypertension, But Agrees to Add AL Amyloidosis to List of Agent Orange Related Diseases “

from

Edited May 29, 2011 by Berta

[Philip Rogers]

I stand corrected. Thanks, Berta!!

pr

Edited May 29, 2011 by Philip Rogers