Wow - Va Calls A Cue During My Administrative Review

[carlie]

Happy Birthday to me : - )

An administrative review was done on my BVA decision from Oct 2011.

DECISION

The effective date of assigned for grant of Special Monthly Compensation

is a clear and unmistakable error. The effective date is changed from

October 29,2008 to March 23,2004.

EVIDENCE

Rating Decision, and all evidence contained therein, dated October 26, 2011.

The deposit has already been made and it's a really great birthday present.

I'm glad THEY caught THEIR error.

[carlie]

Carlie - was it caught by the BVA or the RO? Mine's at the BVA awaiting a decision(after 2 trips to the CAVC) and I'm hoping for, but not expecting, the same. If caught at the BVA, who was your judge?

pr

pr,

The BVA granted several conditions as SC'd, (that the VARO had continually denied) -

then it went back to the VARO for them to assign percentage evaluations and effective dates for each.

One of the conditions had staged evaluation ratings.

A condition that was finally SC'd by BVA and the VARO evaluated with a single 100 percent,

was assigned a retro date of March 23, 2004.

A condition that BVA finally SC'd - the VARO assigned staged ratings to -

put me at the additional 60 percent by March 23,2004

versus the SMC effective date that VARO had assigned, of Oct 29,2008.

This is a CUE that they found themselves and corrected.

All of this started because a remaining issue -that was shown all screwed up on ebenefits,

was bugging the heck out of me.

I went to my VARO to inquire on it and get it straightened out.

I wound up having service provided at my VARO, by someone in a high position -

well over GS-13, over the DRO's and coaches, but not the VSCM.

She ordered an administrative review and financial audit - plus got someone working

on my remaining issue (which just so happens to also be a CUE, but I called this one).

The remaining issue has not been finished up with yet -

but the review and audit caught the SMC - effective date error.

A bit over an additional 15K

IMO - I sure did luck out in being seen by this person at the VARO that day.

The person usually does not work with the vets/claimants at all and hasn't

for over at least 10 years.

[Berta]

This is FABULOUS news Carlie!!!!!!

The VA makes countless errors in claims and, if we do not catch those errors right from the git go, then the BVA has an opportunity to (if the claim is appealed to the BVA).

I look for legal errors in any type of VA decision letter I get......

VA will do the right thing if they see an error but I feel every claimant should seek any potential legal errors right away in their decision.

Good luck here too:

"She ordered an administrative review and financial audit - plus got someone working

on my remaining issue (which just so happens to also be a CUE, but I called this one)."

I think the VA saves Millions by the legal errors they make so it sure pays to pour over any decision any claimant gets.

My AO IHD decision contained an enormous CUE so I got on them right away and they fixed it in 3 weeks. The award letter however, awarded my pending SMC CUE claim but contained a legal error in that part of the award so I asked them to CUE it, but I filed a NOD in time, reminding them they must address my CUE request first.

I cant wait for their response on that ...I expect it to contain another CUE.

We hardcore claimants get to the point that we are willing to be patient and play their game.....and, as miserable as it can be, I think it can become fun.

Our weapons cache (38 CFR) is the same one the VA uses.....and It can work for us...as well as for them.

I hope many reading your news will take the time to go over the CUE forum here......

The advise there and the CUE claim links at the BVA are excellent.

One can learn as much from BVA denials of CUE claims, as from the BVA awards of CUE.

My SMC 1151 CUE award was a far greater retro amount than the AO IHD claim I had.

And they still owe me money on that award due to another CUE in the decision.

CUE is powerful and can render a potentially large award as retro

and you would think these vet reps would catch CUEs in their claimants decisions but they usually dont.

Edited October 15, 2013 by Berta

[john999]

The thing about a CUE is that it can nullify other decisions down the road. If you win a CUE that awards you 100% then lower ratings you may have gotten later must conform to rules on reducing a 100% vet. This is what I am hoping for myself.

[SueEdel]

Is there anyone who specializes is helping look for legal errors? Another set of eyes who knows VA and has my best interest at heart? I really don't find VSOs to be that on top of things--unless it is a glaring error.

[john999]

If you suspect a legal error take your claim to a VA lawyer. The cannot get paid until you file a NOD on a decision, but they might point out error if they think you are going to hire them to represent you. I found a CUE in my lack for an SMC "S" rating. I did not even know I had a CUE. I just knew I should have had "S" and did not get it. If you post your decision here someone will point out error if they recognize it. I believe I have a CUE in my original rating but I had to shop it around to get a lawyer to take my case. After he looked at my rating he saw the error and thought it was so obvious that we would win at DRO. That was about 5 years ago. The VA does not like to admit a mistake when it will cost them six figures in retro, and set a precedent.

John

[71M10]

Congratulations, They still haven't addressed/fixed your dependent issue yet? Keep up the fight!!!

Edited October 15, 2013 by 71M10