ptsd Severing My Husband Compensation.

[Cynthia80]

Im trying to get some insight on my husband Service Connection Compensation...In 2001 my husband tried to commit suicide after his mother died in May of that year he saw a mental health doctor on post in August and shot himself in the head in Sept he got of the army in 2005 after serving 6 years in there in 2007 he was awarded 80% from the VA in 2010 he was awarded 100% Unemployment in 2012 he put in a claim for TP well in August of 2012 he was awarded 100% TP the same year in Oct 2012 we recieved a letter saying that they are gonna severe his Compensation due to the fact they found that he was Sane at the time he shot himself...we have a hearing in Jan 2013 to plead his case the rep at the VA told us to get letters from his mental health doctor that he has been seeing since 2007 and his TBI doctor,i didnt know that they could take something back from a seriously disable person? we have been getting the run around with his Mental health records from the army i dont even know where to look...my Husband has a depression disorder,TBI,PTSD and has use of one eye! any help on this matter will help thanks

[jbasser]

Broncovet, the VA is claiming cue. There are no protections in a CUE.

[broncovet]

The regulations for severing service connection due to CUE are as follows (the burden of proving CUE is on the government) :

http://cfr.vlex.com/vid/3-105-revision-decisions-19776138

[JT24usn]

http://www.benefits.va.gov/warms/docs/admin21/m21_1/mr/part3/subptiv/ch08/ch08_sece.doc

[jbasser]

That is true.

But, we both know the VA has its own set of rules besides the published ones.

The can be found in the DWTFTWTD section.

Anyone is fair game.

J

[JT24usn]

Or read up on what I posted and know thy " enemy"

http://www.benefits.va.gov/warms/docs/admin21/m21_1/mr/part3/subptiv/ch08/ch08_sece.doc

http://www.benefits.va.gov/warms/docs/admin21/m21_1/mr/part3/subptv/ch01/ch01_sece.doc

Edited November 25, 2012 by T8r

[john999]

I see where the VA is coming from on this CUE, but if the vet has any medical records showing he was mentally troubled before he shot himself I think the VA is on thin ice. If he was suffering from depression and their is documentation I don't see how they can win this on appeal. I would go through the motions and get a lawyer.