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Yea Buddy - Finally Won The Cue I Submitted !

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carlie

Question

I've been fighting this dependency issue for 30 YEARS !

Finally resolved under my submission of CUE.

Just got a letter from my VARO, date Oct 16th, (my Mom's B-day).

"What We Decided

Upon review of your files, the Department of Veterans Affairs determined that

an unmistakable error was made in regards to dependency benefits for your child,XXXXXXX.

It was also determined that you had submitted adequate dependency verification

and evidence within 1 year of our original notification letter requesting evidence for your dependents.

Therefore, we have taken action to retroactively add your child,XXXXXXX, to your award

effective XX,XX,1978, the date you became eligible to add dependents.

Your child,XXXXXXX, was retroactively removed from your award on the date your compensation

rating was lowered to 20% service connection and you no longer were eligible to receive

additional dependency benefits.

Evidence Used To Decide Your Claim

In making our decision, we used the following evidence:

Copy of Birth Certificate for XXXXXXX received August 16, 1978.

SSA Share screen print out dated October 9, 2013.

All evidence of record within claims file.

Please let us know whether your child attended a VA certified institution of higher

education and was unmarried between the ages of 18 and 23. We may be able to

retroactively add her to your award if legitimate evidence is provided."

blah - blah - blah !

WA - HOO - sure isn't much cash - but I WON MY CUE.

My daughter is almost 40 years old now and I am giving the rerto money to her.

Zippa - De - Do - Da

Zippity - A

My - Oh - My

It's a Wonderful Day !

Ha - ha - Ha - ha ...... it's a win, a win, a win !

YEA.

Heck, if I would have been paid an hourly minimum wage to fight this

issue for 30 years - I'd be sitting on gold bed-rock by now.

Finally - finally - finally - I can put this issue to bed . . .

although, I do see, that it's 4 months less than it should be.

I think my choice will be to let this battle go.

I still have a fish I'm frying and have to submit that paper-work

prior to Oct 26th.

Y - I - P - E - E ! ! ! ! !

Carlie passed away in November 2015 she is missed.

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FABULOUS!!!!!!

I have said here before that the worst CUE claim of all...is the one that has never been filed!

CUE is powerful !

Kudos to you Carlie for a job Well done!

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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  • HadIt.com Elder

carlie - thank you, thank you, thank you!!!!!!! I just realized the VA never adjusted for my son when I won in 1999. Time to send in another "gross error" claim. Should be somewhere around $3k or more. Thanks again for making me think!!

pr

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Once again classic proof surfaces showing VA cannot locate their own ass with a methane detector set on high. The tragedy of this is that about five hundred of you will sit up and say "Hmmm. I better look back in my records and see if they did it to me".

I'll be going down the same road soon after I win my CUE back claim from 1989 and I anticipate the same shoddy compensation accounting. Unlike Carlie, I am not one to let bygones be bygones and cut them any slack over four months. They're just now correcting my effective date to April 1, 1994 so I anticipate much the same on percentages/dependency from then to now.

I find it almost inconceivable that any agency could fight so hard to deny us and then finally acknowledge error after a protracted fight. But then, look who we are dealing with. Since VA is so shoddy in their accounting, I wonder if they will be stand up types and send my 37 year-old daughter to college now that I will have DEA benefits retroactive to when she was 19.

 

 

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  • HadIt.com Elder

"Since VA is so shoddy in their accounting, I wonder if they will be stand up types and send my 37 year-old daughter to college now that I will have DEA benefits retroactive to when she was 19. "

They will. She'll have the choice of dates, on a CUE award, but watch them, they're slippery.

pr

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Unlike Carlie, I am not one to let bygones be bygones and cut them any slack over four months.

I wonder if they will be stand up types and send my 37 year-old daughter to college now that I will have DEA benefits retroactive to when she was 19.

ask,

Believe me, just for principal, I've highly considered a NOD on the CUE

for effective date .

I have decided in life over about the last 10 years, to pick my battles

(wherever they may be) more carefully.

These throw downs getting VBA benefits can and do, cause real

harm and problems in our life's, both emotionally and physically.

I say this because for me personally, the more I get upset and out - of - whack

emotionally - it has quite a negative impact on me physically.

The four months would be about $80.00 and yet more fighting,

this is why I've made the decision to go ahead and let that battle go.

This CUE will have to be signed off by higher ups and the error has FINALLY

been admitted, this stain is now of record.

I know the VBA is a huge agency - errors will be made, but when an error

this simple and clear has to be fought for so long - just them finally admitting

it on paper, makes me feel like I really accomplished a great feat.

If a claimant makes an error on anything, the VBA will hold it against their

claim issue for-ever and penalize them relentlessly in further actions.

This is why I kept this particular fight up for so damned long, to correct the right

and get justification and validation from them in writing.

All along, I knew it was not a big dollar issue - but it was an error that needed to be corrected.

In my line of thinking - I hope to have made it a bit easier for another VBA claimant.

Perhaps with this error now on record, someone will pay more attention when applying

the evidence and regs correctly, when making a decision that impacts a VBA claimants life.

Right now, I'm chewing on an issue that would be 2-10 K.

To try and obtain it I have to file by Oct 26th.

So, if I'm going to continue on fighting VBA about anything,

it will be the 2-10 K issue.

I might even let this issue go - I'm tired of fighting and am living

pretty comfortable now. I'm vacillating between submitting this issue

and the effect that doing so might have on my health.

Hopefully one day - all claims will be adjudicated correctly for all.

I sure hope they get yours straightened out too:-)

If your DEA benefits go back retro until she was still of age - yes,

they are supposed to provide the benefit.

JMHO

Carlie passed away in November 2015 she is missed.

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