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!!!

[carlie]

JMO but once you miss that hearing request deadline you're screwed. What makes you think they'll be able to do the hearing that quickly? Also, once he testifies, under oath, (which is new evidence)that he was on active duty, besides the active duty for training, and that the government has the records, I believe it becomes the VA's responsibility to locate those records and until they are located, I don't believe the VA can sever SC.

Jim Strickland is good but not perfect. As I see it, and as stated in the VBM, Section 5.10.7, pgs #379-382, the VA cannot make the decision until the first 60 day notice has expired, no matter when the hearing is,(unless the claimant signs a waiver, waiving that 60 day period, it's called due process) and then the new 60 day period begins. Just sayin' . . .

If you don't submit the request for the hearing, tomorrow, you won't be able to stop or delay the severance.

End of my comments.

pr

Ditto -

Especially on the part of ,"What makes you think they'll be able to do the hearing that quickly?"

I feel the VSO's advice to NOT request a hearing and the scare tactics / threat, of being responsible for

any possible "overpayment", is poor advice that the poster has obviously taken as gospel, is a huge mistake.

Even if there was any overpayment the VBA attempted to re-coup and a request for waiver of the funds was denied,

just what can they do ? ? Supposedly the family is going to be in a negative situation financially anyways.

As I posted earlier, you can't get blood out of a turnip.

But hey - we are all certainly allowed to make our own mistakes, so no harm there for sure.

[CALS]

UPDATE, and not good. VA benefits stop effective 12-2011. Trying to get a lawyer, but they say we do not have a case. As of 12 01 2011, my kids and I have no health insurance, and we just found out last month that my 17 yr old daughter needs Major surgery on her hip. Going to be impossible to get insurance for her, so she will probably end up in a wheelchair for life. Trying to get Shriners to help, but by the time we get through the red tape she will probably be 18, and too old for Shriners to help. Just trying to figure out how to get my daughter insurance, and live on $1800 a month. HUGS Lori

[etcm]

UPDATE, and not good. VA benefits stop effective 12-2011. Trying to get a lawyer, but they say we do not have a case. As of 12 01 2011, my kids and I have no health insurance, and we just found out last month that my 17 yr old daughter needs Major surgery on her hip. Going to be impossible to get insurance for her, so she will probably end up in a wheelchair for life. Trying to get Shriners to help, but by the time we get through the red tape she will probably be 18, and too old for Shriners to help. Just trying to figure out how to get my daughter insurance, and live on $1800 a month. HUGS Lori

It looks like you have about 1 month to get the surgery and as much follow up care as you can. Is medicaid available?

[CALS]

no other help avail. docs here in reno do not do the surgery, so waiting for consult in sacramento.