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!!!

[CALS]

"A clear and unmistakable error is found in the rating decision dated 9/28/09 which granted service connection for ALS, therefore, severance of service connection is proposed." "The record does not show the Veteran has active,continuous service of 90 days or more nor is service connected for a separate disability." What gets me is he served with people who were active duty Army, and was all set to be deployed to Grenada. If these other Vets get ALS they will be covered because they were regular Army, and not Army Nat Guard. We do have Medicare and SSDI, but his SSDI will not even cover his scripts .Rilutek costs over $1,000 a month, and is the only medicine approved to slow the progression of ALS. I am unable to work, as he requires 24 hr care, and Medicare does not cover home care at all. I may be able to put him on hospice, which will cover some scripts, but he doesnt want to die, and was going to get a vent and trache, which if he gets, he can not be on hospice. If we had never gotten VA benefits, we would have had applied for loans and scholarships for our son to attend college. He graduates next week from high school, and we have to tell him he can not go to college. We will have to move to a place we can afford on less than $2000 a month. My husband will have to find new doctors. He is a paralyzed Veteran, who served his country, and the stress from all of this will probably kill him within 6 months. Without the benefits the VA has been providing us, his health will suffer to the point it will kill him. With a trache and vent, he would have been able to see our daughter graduate from high school in 2 years. He has lost his will to live and fight this horrible disease. If he hadn't been in the Military, he wouldn't have ALS, and if they hadn't made this mistake we wouldn't be going through this nightmare for a second time. When our lives were turned upside down with his DX, he was able to do things. Now, he is bedridden, and this disruption of our life is going to kill him.

[carlie]

If we had never gotten VA benefits, we would have had applied for loans and scholarships for our son to attend college. He graduates next week from high school, and we have to tell him he can not go to college.

If he hadn't been in the Military, he wouldn't have ALS, and if they hadn't made this mistake we wouldn't be going through this nightmare for a second time.

CALS,

I am sorry for the situation your family is in.

For your son to have gotten any Chapter 35 benefits the veteran would have had

to been service connected at 100 % scheduler or IU, with a status of P&T.

What do you feel happened on active duty that resulted in your husband having ALS ?

[CALS]

Quick update and question We have been advised to not ask for a hearing, as we would have to pay money back. In our letter it states- "If we do not receive additional evidence from you within 60 days, we will reduce your evaluation. Your benefit payment will stop the first day of the third month following our notice to you of the final decision." Our letter was dated May 25, Does this mean that after July 25 they will notify us of final decision, and final benefit payment will be the first day of the third month (after July 25), or will it be the May 25th date? Can the final decision be dated May 25th, or will it be the date they actually make the final decision. I have read it both ways. We will become homeless if we do not receive a check on August 1st. If we receive checks for Aug and Sept, we can save the money so we can survive another 6 months, and have my daughter stay home to care for her Dad(she is 16) and I can find a job. She can do on line school to finish high school.

[carlie]

bump

[Philip Rogers]

I believe you will stop receiving the checks beginning Aug 1st, which is why you should probably have a hearing. Altho you may be required to pay it back, it acts as a no interest loan, and you can always request a waiver, tho it may not be approved. I'd do some research and find a way to keep his benefits. You should also be receiving SS for your child(ren) and yourself, until she became 16yo. Any other minor children should be receiving SS payments also.

I just reviewed Allan's post and now believe you will receive the August 1st payment, since they will stop payments, at the end of July, and since VA pays after the month is completed, you should receive the 8/1 payment. I apologize for my error. jmo

pr

Quick update and question We have been advised to not ask for a hearing, as we would have to pay money back. In our letter it states- "If we do not receive additional evidence from you within 60 days, we will reduce your evaluation. Your benefit payment will stop the first day of the third month following our notice to you of the final decision." Our letter was dated May 25, Does this mean that after July 25 they will notify us of final decision, and final benefit payment will be the first day of the third month (after July 25), or will it be the May 25th date? Can the final decision be dated May 25th, or will it be the date they actually make the final decision. I have read it both ways. We will become homeless if we do not receive a check on August 1st. If we receive checks for Aug and Sept, we can save the money so we can survive another 6 months, and have my daughter stay home to care for her Dad(she is 16) and I can find a job. She can do on line school to finish high school.

Edited June 21, 2011 by Philip Rogers

[Commander Bob]

He was in Army Nat Guard, and they originally accepted his 90 day active duty, ...

This is truly heartbreaking. Your husband must not give up...

He can still see his Son and Daughter graduate from school, if he fights to hang in there.

If need be, your son can seek out grants, work during College, for now.

There are other options. There has to be. What about hardship considerations, or NSC pensions?

VA nonservice-connected (NSC) pension benefits are available where the veteran had at least 90 days of active military service, at least one day of service was during a period of war, the veteran’s military discharge was under conditions other than dishonorable and there is medical evidence that the veteran is totally disabled as the result of a disability not caused by his or her own willful misconduct.

NSC pension is income-based, meaning that the veteran’s household (rather than individual) income cannot exceed the maximum annual amount set by the VA each year. Thus, NSC pension is designed to bring the veteran’s total annual household income to the level of the maximum annual amount. The current maximum annual amount for VA non-service connected pension is available on the VA’s website.

We need more info regarding his 90 days of active service.

My thoughts are with you and your family,

C.B.

Edited June 21, 2011 by Commander Bob