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]

I just received the award letter from VARO concerning my previous C&UE relaying to you guys, it looks like my VFW rep misunderstood the Rating Specialist concerning C&UE claim for 100% up-to 12/1997--in turn VFW rep gave me wrong information and I forwarded it to this forum I am sorry, it seems I was just speculating when I didn't have concrete proof.

Anyway here is the story---my VFW rep misunderstood and that is what started everything.

VARO did go back to 12/1997 because my claim had errors, but it's not the same as C&UE.

They paid me for the additional 30% anxiety disorder that was already adjudicated but not separated from my physical conditions.

The 30% was originally adjudicated effective date 08/03/2001---well they extended it to the earlier date of 12/01/1997 cause of errors---they paid me $50,000.00 the diffrence of 30% from 50% to 12/01/1997.

What I wrote ealier in my post is all correct, what VARO is trying to do is correct all the ERRORS they commited along the way, when they SEVERED a protected rating alleging alcohol abuse all this years.

This is APPEALABLE, I will get them, I was not claiming 30% when I originated my claim I was claiming for the MAXIMUM BENEFIT ALLOWED and I was already receiving SSDI for the same SC conditions, if it wasn't for the severing of a protected rating the outcome could have been different.

Today, C&P official evaluations all state that alcohol is a symptom of the Anxiety disorder and that it impeded me from working in my career and or any substantial gainful employment.

The Anxiety Disorder that eventually gave me (70% IU P&T) was diagnosed in 1996 by C&P themselves and then again in the Remand of 12/01/1997, but held on to alcohol abuse. This is CRAZY.

Thanks everybody.

[evandc]

Refer back to Philip Rogers post. He was trying to tell you what could happen. Sorry, but there is a lesson for all of us, don't start counting money too soon. Yep been there done that & still waiting for money.

[Berta]

The retro is great !!!~!!! but

"receiving SSDI for the same SC conditions, if it wasn't for the severing of a protected rating the outcome could have been different."

What was date of the SSDI award? Does VA have the SSA info? How did they use it to determine your EED?

[RAFA]

To Evandc "yes" Philip Rogers is "RIGHT" I guess others have gone thru this, lesson HUGELY learned, i'll be more careful even with my anxiety disorder condition.

Berta, I received SSDI 12/28/93 effective 06/01/1993.

Submitted VA claim in 1993, and re-opened claim on 03/07/2007.

They are mute on SSDI except telling me that it's for my Primary S/C condition, but not binding----well, it is pertinent to me thats the law.

I am grateful nevertheless.

Thanks

[autumn]

To Evandc "yes" Philip Rogers is "RIGHT" I guess others have gone thru this, lesson HUGELY learned, i'll be more careful even with my anxiety disorder condition. Berta, I received SSDI 12/28/93 effective 06/01/1993. Submitted VA claim in 1993, and re-opened claim on 03/07/2007. They are mute on SSDI except telling me that it's for my Primary S/C condition, but not binding----well, it is pertinent to me thats the law. I am grateful nevertheless. Thanks

i know this post a bit old, but Mr Rafa, i have to put a sentence or two here. happy for you on your success so far with VA, its a daunting task at the least end of the spectrum as most here know.

i had not read on here about anyone else where the VA hammered the alcohol issue like they do to skirt the health truths. just wanted to say i can empathize. VA hammered the alcohol issue with me even after 20+ years of not drinking and tried to say that was the lesions in my brain. that is (i) caused them. turns out they are ms.

i'm a little hung up on that issue i know. anyhoo, i see they did the same with you. best to ya and your future claims with VA, keep fighting.