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Claim Advice For Others....

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rpowell01

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rpowell01 Mentor

rpowell01

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I want others to know from my experience that if you place a claim with the VA and have an IMO, do not send in the IMO until after the C&P exam is completed. From my current experience I just had the C&P examiner will do everything he/she can to rip you apart and will lie, lie, lie on the C&P exam....

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Berta

Berta

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I also feel need to post here part of my Dec 2011 Fax request for VA to CUE itself.

“This is to follow up on my IRIS service complaint dated December 6th,2011.

It is regarding the decision I received yesterday from the Philadelphia VARO re: 310XXXXXXXX

My C file number is XX XX XXX XXX

I want the VA to immediately CUE this decision and then do it right.”

And:

“The VA broke all evidentiary regulations in 38 USC ,38 CFR as well as those regulations within M21-1MR, and also defied the Nehmer Training letter as prepared by NVLSP.”

I left out most of the Fax as it was very strongly worded and VA Central called me right away. But I stated exactly how they defied 38 CFR 4.6 to my detriment. The Nehmer error was fixed as soon as they called CUE on themselves.

My point is that this tactic can work ,if the decision is acted on swiftly and prior to filing a NOD.

If I had filed a NOD I would still be in the backlog.

The VA reversed itself by December 22nd,2011 , about 16 days later, and my award letter and the retro came shortly thereafter,in January 2012.

(One part of the award letter was wrong as I mentioned in above post so I asked them to CUE themselves again on one statement in it.)

This only involves a decision that is in the appeal period but a NOD has not been filed yet.

It only involves probative evidence the VA has in their possession but has ignored or manipulated illegally.

There is no regulation as to how to do this.

VA does not want this type of request to get to the BVA, as part of an I-9 transfer , if it is a viable request based on the evidence they have. If the VA doesn't act on this type of request and the NOD date looms near, you still need to file a NOD but mention in the NOD that your rights to preparing a proper NOD have been violated because there is a CUE in their decision that they must correct before addressing the NOD.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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