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!!!

[Commander Bob]

I found this ALS support group, while looking for additional options.

http://www.alsforums.com/forum/archive/index.php

My most positive thoughts,

C.B.

[Berta]

I am with what Philip said 100%

"Our VSO officer advised us NOT to file for a hearing"

There are many well seasoned claimants and advocates here at hadit who offered advise here and that advice from your VSO shows his utter incompetence.

I do hope your husband can get ample health care.

It is highly possibly that this overpayment could have been waived due to VA's error, not any error on your husband's part-

and as NVLSP states in the VBM (They are the finest veteran attorneys in the country) asking for a hearing can ensure the reduction wont be made until the hearing takes place.

"Thus, a claimant requesting a hearing can buy at least 2 months of benefits at the level in affect at the time of the notice." (VBM 2010 Edition page 381)

[Commander Bob]

If this was happening to your loved one, would you just say, Oh Well, and give up??

I don't know the full details. ...I understand, you think the VA will pounce the day you request a hearing.

If it were me. I would send a request for a hearing today, and contact NVLSP, ASAP.

http://www.nvlsp.org/

Bob

Edited June 25, 2011 by Commander Bob

[NSA-Saigon-ET]

I was just wondering if the local media can or would help in this situation.

Whether your spouse is marginally qualified or not for benefits, perhaps there is a "human being" thing that can be mandated by the VA. This has been accomplished before when the local media picks up the story and gets it to the public.

Any thoughts on this?

[carlie]

Now , because they are taking away his benefits, he will die SOON.

We had hope, now we have nothing. Carlie, please watch some of the links I will post about ALS, and put yourself in my shoes.

CALS - Unfortunately, with or without VA benefits, his condition is terminal.

I am very glad he did receive some great help from the VBA and he most likely will

be keeping several very expensive items that were already provided.

If it were my husband - as long as he was still breathing, I would have hope.

I watched some of the videos you posted earlier and am familiar with ALS.

I did try to put myself in your shoes, thats why I offered suggestions to try and help.

Have you contacted any ALS Society/Foundation as was suggested, to see if there is any help

or guidance available from them. I would certainly be including any avenues even if they could

only offer a remote chance at help.

Also, is your husband getting SSI or SSDI - any Medicare, Medicaid or State benefits.

If he was bared from these benefits due to receipt of the VA benefits (income limited) I would be

jumping on those as we post.

I will fight for him until the day I die.

Not requesting a hearing because you MIGHT be held financially liable - IMO, is not fighting,

it is giving up - IMO it offered about the only possibility of stretching benefits out a bit longer.

If this was happening to your loved one, would you just say, Oh Well, and give up??

Hell NO - I am one tenacious little cookie - and I never give up !

I might feel beaten down once in a while - but that's just my moment to take a deep breath

and return to the battle with a vengeance !

I have done what I can on this topic - I have already sent my best wishes to your family.

Without further pertinent information, I will continue to read but not post.

[Philip Rogers]

CALS - one last post from me on this. I strongly suggest you file for a hearing, on Monday, and have him sign it. The VA allows 30 days, to request the hearing, but what they don't tell you is they also allow a couple of days for you to receive the actual notice. If you FAX it and either hand deliver or mail certified, returned receipt requested, the request, they will have to accept it. They will intially tell you that you were too late, w/the request, but you should respond that if they fail to allow the hearing, then when he dies due to failure to get the necessary treatment(s) you will be filing a FTCA claim and/or an 1151 claim. Failure of you to do this, immediately, will result in the VA severing his service connection and will result in the loss of benefits. Your only chance is to have the hearing!!! jmo

pr