Did Not Claim A Cue, But Asked For A Reconcideration?

[stillhere]

I while back I posted on here about my hearing claim being approved on basically the same evidence the VA has had from my first claim for hearing loss back in 83 that was denied.

I was thinking of filing a cue at that time but instead went with a reconsideration. On ebenefits it is showing the VA is treating my claim as a comp&pin claim. They just sent me a request for any other evidence I might have??

In my letter to them I specifically asked for a reconsideration based on the facts that are in my folder from 1983-to present. I asked them to review my folder and give me an earlier ED based solely on my file.

This request for new eveidence is totally out of what I am trying to do. How would I respond to this request?

Advice them again to read my letter and proceed with their review or send another letter spelling out what I feel in detail the reasons I beleive they have made a mistake on my effective date?

Thanks to all, Stillhere

[Berta]

"My entrance exam showed I had a hearing loss and then my exit exam showed I had perfect hearing?? Now that is a fluke if anyone has heard one"

did your SMRs showed HL?

Or do you mean you did have HL noted on the entrance exam and then Mil service aggravated the preservice HL?

I am not trying to confuse you, I just need to get this right in my mind on the service exams.

One thing is for sure : Service in the Armed Services does not cure a Hearing loss. It can cause one.

More then a fluke , a royal screw up.

Obviously if the HL is SC now, the VA has conceded that it was due to your service. I wonder if the rating however in 1983 would have manifestly altered the outcome.(required for a valid CUE).

If you have the rating sheet from 1983 and their Reasons and basis...that would sure help us determine if they made a CUE.

You might want to see if the Fed Cir opinion in Walker as to the statement I mentioned in that thread, would help you. It is here. Unfortunately Paul wants to check with a lawyer to do the show on the recent Walker decision...so that show will be coming up at SVR soon I hope. But maybe you have ALL that you need for a CUE.

"Based not only on my MOS at the time, but also on the bogus exit exam which any compintent audio person could see."

Has a competent audio person from VA or otherwise actually opined at all on the exit exam?

Edited March 8, 2013 by Berta

[john999]

I know when I ask for a RECONSIDERATION I write it in big caps across the top of the page. The VA does not read half the stuff they get. I filed a CUE and they sent me a VCAA letter. They are not supposed to do this. Then they tried to use a exam report that was made 15 years after the CUE to discredit my claim. I filed a NOD on that denial reminding the dimwits that they could not use anything but what was before the VARO at the time of the CUE. It was like kindergarden had let out and they all went to work for the VARO. These mistakes added extra years to my CUE I know. It is still at CAVC for second time. Just prepare to wait if you are asking for 30 years of retro! I hope you live long enough to collect.

John

[Berta]

John, one of the bogus reasons the RO denied my 2004 CUE claim was they said that 'the veteran did not ask the VA for SMC'.

My CUE was based on wrong diagnostic codes, and a defiance of the actual SMC mandate.

He was 100% P & T with over 100% in additional 1151 disabilities.

I asked them for the regulation that says the veteran must ask for SMC and I also enclosed the M21-1MR guidelines as to when the VA must consider SMC and copy of the actual statutory SMC mandate that VA must abide by.

It still pisses me off that the Nehmer Philadelphia VARO had no problem at all reading my 2004 CUE claim for the first time , reading the legal evidence I had sent to prove the CUE, and then awarding it.

Some VAROs do employ literate individuals but we cant choose our VARO or even know who the ones are who can actually read or not ...

until we get our decisions.

I think things will get worse then ever.

"they sent me a VCAA letter. They are not supposed to do this" Your are right! A CUE claim is a frontal attack on the VA and they arent suposed to send a VCAA letter to help the claimant succeed on the attack.

Right there it shows how snafued they are.

[john999]

Berta

I filed a claim for my SMC "S" that had never been granted. It came back as the VA calling a CUE on themselves. I got two years of retro on that one. It was a Bradley v Peake case. It may seem straight forward CUE but the VA plays with the regulation. I just happened to have the exact formula in my claim.

John

[stillhere]

Berta/John,

Well concerning my problem went back to ebenefits and took a better read of what they are doing:

Appears they are treating my reconcideration of my award as a "reopened" claim.

Sent me a request for further if any evidence on 2/14/2013 and I have till 03/16/2013 to comply. I am heading back home tomorrow so will have to jump on this fairly quick.

I am thinking of just sending them a summary of the events in my file and tell them that I have nothing more to add and let them decide. I still have an option of a NOD and or a CUE correct?

Further if they decide no then I may even get more info from why they denied in 83 in the first place. Back then they just said denied wo a one page letter and I did not appeal. I tried to reopen back in 2005 and that is the date they are currently using, but I feel after reading the that decission that by their own words it should have been decided that way in 83!

Last time it took almost 7 years and might again but if it does and I am am not around the benefits would go to my wife right Berta?

I guess I have to stop thinking like that but I ain't getting any younger and my heart and DB2 are taking their tolls on me.

But Stillhere Thanks, all again!

Berta please let me know about what happens if I die?

[Berta]

"Berta please let me know about what happens if I die?"

Please dont do that Stillhere!!!!!!!!!!

I plan on staying as healthy as I can just to spite the b-----ds.

If a veteran dies with a claim pending the spouse can substitute themselves as the claimant and continue the claim for what is called "accrued benefits."

Accrued benefits derive from the results of a successful claim that was pending at time of the veteran's death.

Also the spouse, if the death certificate shows a SC condition causing or contributing to death, can apply and usually receive DIC.

I say usually because sometimes ,if the SC is a contributor to death,the VA might fight that and then the spouse has to get an IMO to prove the SC's contribution to death was significant.

Further if they decide no then I may even get more info from why they denied in 83 in the first place"

You have made an excellent point there.

Sometimes the VA, in an effort to deny a claim can put their foot in their mouth too....their foot isn't a CUE but sometimes that can lead to preparing a valid CUE on an older statement in a past denial.

For example in my most recent decision the VA raised an issue I always thought about but never claimed.

Their statement made me really think about the issue a lot. By weeks end I had filed a new Section 1151 claim, because they reminded me of evidence to support that claim, that I forgot I had.

The evidence came from VA Central medical team long ago.That 2 page report supported completely the essence of my new 1151 claim.

Make sure everybody here , that the spouse has your password to hadit.com.

They might even need to ask us questions if any of you suddenly become hospitalized. And with the VA going paperless it is just about mandatory these days for the spouse to be PC savvy like all of you are here. .

I could have never won my claims without the use of a computer and the internet.

Edited March 11, 2013 by Berta