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!!!

[Berta]

SORRY everyone -Yes you are right Philip- I meant 90 days and I do feel Title 10 ADSW supports his position.

But if not that is why I raised the issue of possible direct SC.

The VA may have CUEed him on awarding under the wrong rule, presumption, rather than direct SC or vice versa."

Yes-=quite possible!

"Stopping the sever is the immediate problem and the hearing must be applied for prior to the 30 day allowance."

YES to that too!!!!!!

If I find something at BVA on Title 10 that will help-=I will post-

I am not familiar at all with title 10.

[carlie]

Stopping the sever is the immediate problem and the hearing must be applied for prior to the 30 day allowance.

They must do that today and fax a copy to the VA, immediately!!!! Prove the Title 10 and they win!!!

pr

Ditto on pr's post above.

I would also contact the reporter from the PostStar, that did the recent articles on

Charles Cooley - "Collecting benefits is a losing battle for some veterans"

Reporter : Will Doolittle - will@poststar.com

JMHO

[Philip Rogers]

Yup, thanks Berta!! I'm not familiar w/Title 10, either, but I think even one day under that may qualify him, at least that's one of the theories I'd use. As long as they have the proof I feel they'll win but they've gotta stop the severance, now and the hearing is the only way I see to do it, assuming someone at the VA has some smarts. Duh!!! jmo

pr

[Commander Bob]

Ditto on pr's post above.

Charles Cooley - "Collecting benefits is a losing battle for some veterans"

Reporter : Will Doolittle - will@poststar.com

JMHO

Charles Cooley article:

http://poststar.com/news/local/article_6dfd0a20-8fda-11e0-a869-001cc4c03286.html

[Commander Bob]

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!!

'CALS', you posted you have your husband's DD214

MY older DD214, shows Item # 22. Statement of Service" b. "total active service".

With the limited info you have posted here, and with your due date to NOD or request a hearing being less than 3 days from now.

I agree with all here, who suggest you respond to the VA, ASAP... Even if it's registered mailed, return receipt requested.

Please keep us posted,

Bob

Edited June 22, 2011 by Commander Bob

[CALS]

Thanks all! It doesn't show up on his DD-214 or his Guard release form, so we are going to try and contact someone in Phoenix to see if there are more records. He was granted under the Presumptive clause. What we need to find out is : What was he working under from Feb 1983 to May or June of 1983(when he got hired full time for the Guard) He received his E-1 pay during this time. He was told by the AG that he was being put on Active Duty, was paid a Federal check, and was doing NO training. When he got out of Boot camp, his MOS training was not scheduled until 8 months down the road, he had no job, so the AG told him he had no job at the time for him, but had special funding to do landscaping and maintenance around the base. If it wasn't ADSW or ADT(active duty for training) what was it? It was some kind of Active Duty. And how can I prove it is ADSW if it isn't in his records. This was almost 30 yrs ago that all this took place. I SO appreciate all of you!! HUGS Lori