Cue-Claim Big Surprise

[RAFA]

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 September 11, 2011 by RAFA

[RAFA]

Thanking John999, cooter, Jbasser, philip Rogers and others for all the feedback, I needed the support and especially to Berta my gratitude.

Today this morning I decided to call the VARO 800 # very rarely I do this, I don't like to bother much, nevertheless I called very politely and the contact person helped me and told me that they are implementing a decision effective date 12/01/1997.

I am delighted to hear this, still I am not jumping-up until it's a done deal.

09/30/1997 is the date of BVA remand decision docket # 94-25 441 and like I said before, my Attorney-at-Law then made the Motion-For-Reconsideration on 12/20/2000 shortly after 04/25/2000 BVA decision covering the remand that I did not appealed in time, we both messed up, but he was a good and experienced attorney.

Well, I feel that my Attorney pointed-out all kinds errors of law commited by RO and BVA decisions and today raters and reviewers were compelled to apply CUE so my effective date went back to last BVA decision of 1997. For the last 31 yrs I have been a proud member of AA and follow the speritual principles it teaches me, it saved my life.

Thanks

[Berta]

“For the last 31 yrs I have been a proud member of AA and follow the speritual principles it teaches me, it saved my life. “

That is absolutely wonderful!

And it is disgraceful when the VA attempts to deny vets based on addictions they have overcome (they tried to do something like this to my deceased husband too in an SOC I got and it sure didn't work at all. They failed to give the C & P examiner some important medical evidence and he then made an awful statement about cocaine (NO MEDICAL BASIS AT ALL) as causing my husband's death and that again denied the claim.This was a wrongful death issue so I guess I dont blame VA for fighting the claim so hard.They lost anyhow.But at that point-when I read that SOC -I went after those bastards far more aggressively than I had done when I filed the claim.

When I called the C & P doc and gave him hell- that is when I found out VA had completely manipulated the medical evidence.

The C & P doc was very disturbed to find out he had been misled by the RO.The will stoop as low as one can go on some claims.

This was a wrongful death claim and since he was an organ donor they (the county medical examiner)did a full toxicology report which revealed only residual from VA meds.

The C & P doc said he possibly died from overdose of cocaine in the SOC but his actual report added (which a toxicology report could have ruled out if one had been done)

The VA had the report and the full autopsy and the doc was shocked that they didn't even give him these important documents and even left out the last part of his C & P report in the SOC.

We have to be PROACTIVE with our claims and make sure the VA isnt trying to pull something on us in those SOCs.

“nevertheless I called very politely and the contact person helped me and told me that they are implementing a decision effective date 12/01/1997. “

WOW that is a lot of info to get out of an 800# person.

Time to be cautiously optimistic!

Edited September 15, 2011 by Berta

[Berta]

This reminded me to see what the VA was doing with my CUE claim.

800# said they gave it to a Nehmer rater in March 2011 and the AO IHD Nehmer claim has been ready to rate since April 2011.

The CUE decision in appeals is dependent on the outcome of the AO claim.

That makes sense.I believe it will be rendered as a moot issue due to the AO claim.

But if the AO IHD claim should fail (which I dont expect it to)that means the CUE claim, as a separate issue, still has life in it.

[john999]

My CUE is on remand from the Court to the BVA. Hey, maybe I will get 41 years of retro since it goes back to 1971.

[cooter]

That'll piss em off!! ha

[RAFA]

Correction, after careful review as to when my Attorney-at-Law made the Motion-For-Reconsideration on BVA decision of April 25, 2000 and denied by BVA, I noticed and found a Substantive-Appeal made by same attorney on 01/22/2003.

This Substantive Appeal of 01/22/2003 covered all issues concerning ERRORS C&P and BVA made in their April 25, 2000 decision.

It is a BEAUTIFUL and MASTERFUL rebuttal.

This is the Clear and Unmistakable Error appeal that was made, it looks like VARO didn't CUE themselves, I didn't see this before, I am sorry to all.

When my VFW rep first gave me the news about the CUE decision he mentioned that my C-file was BIG (meaning that this CUE APPEAL was lost and recently found) I think that after reviewing my file for an earlier effective date for TDIU claim, VA RATER problably found it in the pile of things and the rest is history.

The result would have been the same then as it has been today if it wasn't for the ERRORS of law with the same information on record

I believe there are only two reasons why RO/BVA didn't act on this before 1). They totally overlooked it or didn't care 2). It really got lost in the C-file.

Thank god it was found and implemented, what an irony, the same way I found it in my pile of records, so it can get overlooked.

I remember looking back to 2002 when my Lawyer told me that RO/BVA can't do what they did to me, that it was illegal.

Berta, thank you for your kind words and I can Identify with your fighting spirit when something is done wrong to you.

Edited September 16, 2011 by RAFA