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!!!

[Philip Rogers]

You stated he was NG but not what type of service he had. There is something called "Title 10," I think it's called. It's when he's activated by order of the President, as compared to by his state governor. I believe "Title 10" activation allows him full benefits, just as tho he was regular army. jmo

pr

[CALS]

Thanks all. What our Service officer is telling us is that this letter dated May 25th is only a proposal, and we will continue to have benefits for 2 months after they send us the letter with the final decision. A proposal is not final action. He went int the Guard at 18, in 1982. He did split training(boot camp first) then came home, then went for MOS training in 10-83 to 2-84, which is what they are considering his active duty. He worked for AMG until 1987, and there were no call ups during this time. When he was doing his MOS, Grenada happened, and he was supposed to be deployed, but it was called off. His 2 commanders did go however. Our local VA works very fast(he got his original benefits in 3 wks) and if we ask for a hearing, the action becomes final once they decide the case, and since we have nothing to present at the hearing our case would be final possibly by the end of July. The VA has to follow the laws set by Congress, and Congress is who wrote the ALS law. My husband has an appt set for July to do a consult for a trache and vent, without which he will die. If the VA cuts us off, he will not be able to get this, as it requires 24 hr constant care, and I can not ask my 16yr old daughter to take this on if I have to get a job. Also, in order for us to keep his scripts he will have to go on Hospice, which does not allow for PALS with a Vent. Before all this happened, he was confident that he would see his daughter graduate, now he has accepted the fact that he will not even be here next Fathers Day. My husband is still alive today because of the VA. If they take back all his DME's, he will be confined to a bed 24/7. He has progressed so much in the month that we received this news, and he has lost his will to fight this horrible disease.

[Commander Bob]

Thanks all. What our Service officer is telling us is that this letter dated May 25th is only a proposal, and we will continue to have benefits for 2 months after they send us the letter with the final decision. A proposal is not final action. He went int the Guard at 18, in 1982. He did split training(boot camp first) then came home, then went for MOS training in 10-83 to 2-84, which is what they are considering his active duty. He worked for AMG until 1987, and there were no call ups during this time. When he was doing his MOS, Grenada happened, and he was supposed to be deployed, but it was called off. His 2 commanders did go however. Our local VA works very fast(he got his original benefits in 3 wks) and if we ask for a hearing, the action becomes final once they decide the case, and since we have nothing to present at the hearing our case would be final possibly by the end of July. The VA has to follow the laws set by Congress, and Congress is who wrote the ALS law. My husband has an appt set for July to do a consult for a trache and vent, without which he will die. If the VA cuts us off, he will not be able to get this, as it requires 24 hr constant care, and I can not ask my 16yr old daughter to take this on if I have to get a job. Also, in order for us to keep his scripts he will have to go on Hospice, which does not allow for PALS with a Vent. Before all this happened, he was confident that he would see his daughter graduate, now he has accepted the fact that he will not even be here next Fathers Day. My husband is still alive today because of the VA. If they take back all his DME's, he will be confined to a bed 24/7. He has progressed so much in the month that we received this news, and he has lost his will to fight this horrible disease.

Glad to hear that you have a service officer helping you. Has there been any discussion about filing for NSC? Will the VA continue to treat your husband after July? Do you have any help or other support outside the VAMC system. Have you seen a VAMC social worker about your husband's condition?

[CALS]

Glad to hear that you have a service officer helping you. Has there been any discussion about filing for NSC? Will the VA continue to treat your husband after July? Do you have any help or other support outside the VAMC system. Have you seen a VAMC social worker about your husband's condition?

We do not know the answers to the question about his medical status at the VA, and our service officer is clueless. We are on first name basis with everyone at the VAMC. Our social worker will be devastated when we tell him what is going on, however we do not want anyone to know because we need to continue receiving help there as long as possibl He has Medicare and SSDI, however all his doctors are at the VA. NCS will be out, as he does not have the 90 days, not for training, which is why we are losing everything. All of his problems are related to his ALS. We are currently at R1.

[Commander Bob]

We do not know the answers to the question about his medical status at the VA...

...he does not have the 90 days, not for training...

I understand.

I will continue to search for help somewhere.

A brother vet,

Bob

[CALS]

Hi All, I may have found something. His 4 months that he was put on active duty after boot camp, and before he got his full time job with the Guard, may be "ADSW" (Active Duty for Special Work) under Title 10. Any comments? I know not everything will show up on his DD 214. Any ideas where I go from here. My service Officer(VFW) is not a lot of help, but I am talking with one from Vegas(PVA) who is really good. Only problem Vegas is 8 hrs away. Can't talk with him till Thursday, and my local guy is out till next Monday!!