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]

carlie - the CUE, at present, is supposedly the VA's and, as such, there are evidentuary(sp) standards/rules they must follow. We need to see her notice and the accompanying(sp) evidence, before commenting any further on this. Otherwise it's just speculation, on our part. jmo

pr

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

[carlie]

carlie - the CUE, at present, is supposedly the VA's and, as such, there are evidentuary(sp) standards/rules they must follow. We need to see her notice and the accompanying(sp) evidence, before commenting any further on this. Otherwise it's just speculation, on our part. jmo

pr

pr,

I think w also need to see what I had posted earlier.

"CALS,Is it possible for you to scan and post the Reasons and Bases Section of the 2009 Rating Decision

that granted SC ?

If you're able to do it - be sure to redact the personal info such as name, SSA/VBA claim number,

address, etc.. "

[Philip Rogers]

carlie - I agree and we still haven't seen any of it. So at this point, it's been a lot of "speculation" on our part and I won't comment anymore, w/o seeing some documents, first.

pr

pr,

I think w also need to see what I had posted earlier.

"CALS,Is it possible for you to scan and post the Reasons and Bases Section of the 2009 Rating Decision

that granted SC ?

If you're able to do it - be sure to redact the personal info such as name, SSA/VBA claim number,

address, etc.. "

[CALS]

Can't scan, but will type. This is from we got it raised from 30% to 100% plus SMC's:

"The records reflect that you are a veteran of Peacetime. You served in the Army from Oct 25, 1983 to Jan 30, 1984.

We grant service connection for a disability that began in military service or was caused by some event or experience in service. The records in this case have been reviewed and the issues considered under the provisions of VCCA (Public Law 106-475). We have determined that all indicated development has been undertaken and all reasonable efforts to assist you in pursuing your claim has been exhausted. The evidence of record is shown to be sufficient to render a sound decision on the merits of this case. The following decisions have been made based on a review of all evidence listed." Then it list the service connections for ALS and loss of feet ect.

Under the "What we decided" part it says:

"We decided the following conditions were related to your military service, so service connection has been granted:" Then it lists ALS and loss of feet ect.

[Philip Rogers]

CALS - would you please post the letter proposing to sever, quoting any evidence and "reasons and bases" quoted?? Also need the part where 30% was awarded clarified?? Thanks!

pr

Edited June 23, 2011 by Philip Rogers

[CALS]

ALS is automaticly awarded at 30%(although it is going to be raised to 100% soon) and we immediately put in for an increase, and increase was granted 7 days later. We also put in for an increase and had a C&P in Feb 2010, which was not granted. We put in for another increase in Feb 2011, it was granted, but they proposed to deem my husband incompetent. We put in a NOD on the incompetency, and they deemed him competent, and in the same letter informed of they made a CUE.

Here is what the letter states:

You are considered competent for VA purposes.

A clear and unmistakable error is found in the grant of service connection for Amytrophic Lateral Sclerosis (ALS) therefore severance of service connection is proposed.

Important Information

A clear and unmistakable error is found in the rating decision dated Sept 28, 2009, which granted service connection for ALS therefore severance of service connection is proposed. There is no record of ALS occurring during active duty service nor a diagnosis within one year of discharge from active duty.

The ratings decision dated 9 28 09 committed a clear and unmistakable in granting service connection for ALS on a presumptive basis since the record does not show that the veteran has active, continuous service of 90 days or more nor is service connected for a separate disability on either a direct or aggravated basis.

Your DD214 shows you served from 10/25/83, to 1/30/84, and were released from Active Duty for Training(ADT) upon completion of your MOS training. It also notes prior active duty for 2 months and seventeen days.

The record does not show service connection has been granted for a separate disability on either a direct or aggravated basis nor that you served on active duty under Title 10 or 32.

SO:

The time frame we think he had ADSW is from Feb 1983 to June 1983. He worked at the Base, turned in a time sheet each week to the custodian of records, and was told he was on Active duty by the AG, and was getting paid from a special fund.He was paid at his E 1 rate and received a Federal check. In about June of 1983, he got a full time job on the shooting range and got a significant raise in pay. Then in Oct 83 he went to his MOS training. On his DD214 it shows "Total Prior Inactive Service" line e as 8 mos 15 days, which covers the time from release from boot camp to going to his MOS. Could this 8 months have really been inactive service?