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RAFA

Cue-Claim Big Surprise

Question

I was awarded 100% SC compensation on a re-opened claim (80% and IU P&T) effective date 01/2010.

Previously, on 01/2010 --- I was awarded an additional 30% for anxiety disorder, NOS --- effective date 08/2001 (I had a 30% since 1985 for physical conditions and an Illness adjustment disorder combined with it).

Discontinued working due to my S/C conditions in 1991 and started receiving SSA benefits on 1993 for major depression.

They kept the 30% for anxiety disorder, NOS combined to my physical conditions and didn't pay me.

I appealed this the same day and stated that this needs to be separated according to regulations, they still haven't paid me, I also appealed the effective date for IU.

During the original claim there was a remand by BVA dated 09/30/1997 instructing RO how to proceed.

A Supplemental Statement of the Case was completed by RO on remand orders dated 07/23/99-- this my representative forgot to appeal in time and the only recourse for us was to submit a Motion-for-Reconsideration on 12/20/2000 this was denied by BVA on grounds that it was final.

In the Motion-for-Reconsideration we pointed out all C&P errors and due process of law, in addition to being bias towards me, that (they were judge and executioner) they didn't follow instructions and blindly stood their ground attacking me and RO adjudication went along with it, so did BVA.

I decided not to continue fighting a system that had obsolute power so I felt helpless and hopeless. On 03/08/2007 I submitted a new claim and it was re-opened and like I said on 01/2010---I was awarded 30% for anxiety disorder, NOS---effective date 08/2001 and I haven't been paid for it yet.

On 11/02/2010 I was increased from 30% to 70% for anxiety disorder,NOS along with my physical s/c condition this gave me 80% IU P&T.

On thursday 09/08/2011 my wife and I decided to go follow-up on my appeal on effective-date-of claim for IU, and went to see VFW rep.

On VARO lobby I picked-up the phone and dialed the extension # to VFW reps office, I told VFW rep I was waiting to see him and he quickly told me that I HAD TO WAIT.

VFW rep still Smiling called on me and I told him that I brought my wife so he can meet her, still smiling he greeted her and we went to his office.

I told him that I was there following up on my claim, rep still smiling said he knows everything about my claim and I told him if he have checked into it.

VFW rep Still smiling told me that recently Rating Specialist told him that my claim is being handled as a CUE claim for 100% up to 1997 and was being sent to Washington for further authorization.

Questions:

1). Did my appeal for effective-date-of-claim for IU trigger a complete review of my claims folder?

2). If so did the motion-for-reconsideration I submitted on 12/20/2000 alleging all of errors of due process and case law, but denied by washington because of finality of claim? Was this motion reviewed by RO and RO had duty to assist, that triggered this CUE?

The Illness Adjustment Disorder I had combined to my physical conditions for over 10 yrs was severed by RO alledging Alcohol, I appealed to washington and BVA told RO that they can't do this, cause I had this condition for over 16 years at the time and it was awarded by a different jurisdiction and can't be severed in the absent of fraud, so Washington agreed with me.

At this point RO couldn't use the ALCOHOL issue anymore so they had to seperate the illness adjustment disorder and rated me with Anxiety disorder, NOS.

This condition (Anxiety disorder, NOS) was diagnosed by C&P themselves in 1996, but they always stuck to ALCOHOL as willful misconduct.

This is the same diagnosis that I was awarded 80% IU P&T (100%) effective date 01/2010.

Today, C&P reports state that alcohol use is a non issue that it was secondary to my illness and that the anxiety disorder, NOS---impeded me from working in my profession or any other work (C&P psychiatric report of 02/2010).

I have calculated over $300,000.00 this is a LOT OF MONEY, my rep told me it's a done deal. Is this going the right way?

Sorry, for writing so much, but I am finally excited, until it reaches an end I am not jumping up.

Thanks,

Edited by RAFA

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Sounds real good. You should be one happy camper.

The Rep is a good one. They arent too many of the good ones around. Let us know when the letter hits.

Basser

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Excellent news!!! It's not to often VA would CUE themselves for that much retro. But they did, and thats all that counts! 300K WOW! I'm curious to what the letter is going to state.

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Not to rain on your parade but until it's paid I wouldn't count my chickens, just yet. jmo

pr

Edited by Philip Rogers

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I assume you Nodded the 2010 decision. ?

"VFW rep Still smiling told me that recently Rating Specialist told him that my claim is being handled as a CUE claim for 100% up to 1997 and was being sent to Washington for further authorization."

What specific claim do they mean and why has the RO given jurisdiction to "Washington" and where in 'Washington' did it go?

This certainly sounds like you have the basis for a potential valid CUE claim to me.

I have had 2 potential valid CUE claims before the VARO since 2004.

They have given me BS responses for the last 7 years by failing to address ANY of my legal evidence. They even tried to make up a regulation. It was all an attempt to avoid the legal issue.

Then a miracle happened-they said the CUE (they combined them) were going to the BVA and I was joyous. The BVA had just awarded another claim I had

for which this same RO somehow failed to consider any of evidence for either to include $4,000 worth of medical opinions- for SEVEN Years.

Then another miracle happened -the AO IHD regs!

The RO had to pull these CUEs (as they involved IHD) and send them to the Nehmer people.from Buffalo RO to Philadelpha RO.

My long point here is this-

Some ROs will confound and confuse CUE issues so we will give up.Been there myself as I had to respond to erroneous and convoluted VA SOCs that never once addressed my prime facie legal evidence. CUES require a rater with the ability to read legal evidence.

I don't understand what the vet rep told you.

Have you received a letter yet from VA stating what he said?

It could mean that it was sent to VACO (VA Central)in DC must make an extraschedular determination for the prior anxiety claim but I wouldn't put my eggs in a basket on this yet.

"A Supplemental Statement of the Case was completed by RO on remand orders dated 07/23/99-- this my representative forgot to appeal in time and the only recourse for us was to submit a Motion-for-Reconsideration on 12/20/2000 this was denied by BVA on grounds that it was final."

That lazy assed rep should have been fired.Of course the BVA denied the Motion to reconsider.

They didnt even have to read it due to the lost deadline.

I am sure it had merit but deadlines are etched in granite for SSOC responses and I-9s.Then again deadlines are really the responsibility of the claimant.

I learned to NEVER believe what a vet rep says unless I have documentation from VA to support what they say.

You could make an IRIS request at the main VA site (under the 'Contact Us' button) to perhaps find out a little more as to where the claim actually is.

"there was a remand by BVA dated 09/30/1997 instructing RO how to proceed."

Can you give us the Docket number and Citation number so we can access the remand at the BVA web site?

I certainly feel this is a valid CUE claim you have.

As a CUer myself I have had to keep on them every time they denied my CUE and yet failed to address my legal evidence over the past 7 years. My former rep rep (when I filed these claims) didnt even understand what a CUE claim was.

Edited by Berta

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Yes, the appeal was base on my reopened claim award of 01/2010 and the issue was the effective date of claim for IU-----the original claim was made in 1993.

I really don't know much about how they are handling this at this moment, all I know is what the VFW rep told me, I have to wait and continue following it up, I just don't know the specifics.

I have not received anything from the VA. This news was just last thursday 09/08/2011.

Berta, here are the docket numbers for the last three (3) BVA decisions, granted there are a lot of make up stories by C&P concerning the alcohol issues don't believe it, they are lies including that I was an alcoholic at the age of 13-14 when in fact I was in elementary school 8th or 9th grade at the time, there is no bases to it, as I enter military in good health, was working and ready to go to college.

Docket Number. 94-25 441 date: September 30, 1997

Docket Number. 94-25 441 date: April 25, 2000

Docket Number. 03-23 253 date: July 12, 2004

I had an Attorney-at-Law that was representating me at the time and we were both negligent in appealing BVA decission in time, but when he wrote-up the Motion-for-reconsideration he covered all legal grounds and did a great presentation that I think is what has triggered this CUE at this time, ater that I did let him go, so everything is not lost, I am still in the game. After reviewing everything I think I will be OK....

Edited by RAFA
Removed Personal Identification Information C-File number

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