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]

Cals - I need to correct some previous answers I gave you. According to the VBM, the VA must give you 60 days to submit evidence disputing the proposed reduction/severance and after that 60 day period ends, they must give you another 60 days before the reduction/severance can begin. So, if my computations are correct you will receive the last payment on Oct 1st.

pr

[Philip Rogers]

The AG's office should have the records.

pr

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

[Commander Bob]

I know about the 30 days to request hearing.

Hi Cals,

You originally posted that you had 30 days from May 25th to respond. Was that deadline contained in the notice you received from the VA?

Best wishes

C.B.

[Berta]

Per NVLSP ( 2010 Edition page 380 VBM ) there is only a 30 day window in which to request a "predetermination" hearing -that is-within 30 days of the date of the notice of the proposed action.

This delays the implementation of reduction of benefits until after the hearing if the decision cannot be reversed.

Edited June 22, 2011 by Berta

[Philip Rogers]

Berta and everyone - I think we have been looking at this wrong. This is a case where the VA is proposing to sever SC, based on a CUE. I believe we need to look at VBM 2010, pages 382, 383 & 384.

CALS - we need to see the actual notice you've received, which you haven't posted, yet.

pr

[carlie]

All of the relevant info is here and she needs to submit a request for a hearing now !

At this point I don't know enough about Title 10 and his time considered AD

to even guess if it's a CUE or not - but hopefully !

http://www.benefits....ms/M21_1MR1.asp

Chapter 2 - Due Process

Table of Contents

Section A - General Information on Due Process

Section B - Notice of Proposed Adverse Action

Section C - Adverse Action Proposal Period

Section D - Contemporaneous Notice

Section E - Exhibits