Yea Buddy - Finally Won The Cue I Submitted !

[carlie]

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]

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

Just check the facts,write it up, look it over a couple of times and go get em tiger !

Remember - you helped teach me that !

You have the 20 years covered, that body armor's a good feeling !

[free_spirit_etc]

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Edited October 30, 2013 by free_spirit_etc

[Philip Rogers]

"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."

That is something I am dealing with right now. I see several claims that should have been granted, but have no option to file a CUE in order to get accrued benefits because my husband didn't file a CUE on them during his lifetime. And even if he did, a widow often has to fight to be able to continue that battle. I have read decisions that said a widow couldn't raise a CUE because a veteran didn't raise it during their lifetime. And I see decisions that say that even if a veteran did raise a CUE during their lifetime, that a widow doesn't have the right to prosecute a claim.

It bothers me that though it appears my husband's discharge physical was NEVER associated with his claim file (which appears to be the case as they did not mention it in any decisions) they never tried to obtain it, never informed him it was missing, and never gave him a heightened benefit of the doubt as required by law.

In fact, after I called it to their attention it was missing - and have several IRIS to them back and forth trying to obtain a copy after his death (in which I pointed out that his SMRs state a discharge physical was done and a form was completed) they just told me by IRIS they didn't have it. They didn't make any attempts to obtain it, or officially notify me it was missing, and send me information of other records that might be used, etc. Nor did they mention in either the SOC or SSOC that his discharge physical was missing from his C-file.

So I could ask for them to locate his discharge physical, and readjudicate his claims if it can be located. And there are some claims that I might be able to advance as pending and unadjudicated.

However, as my husband was retired military, the financial gain from the battle would be minimal even if I won them. Concurrent receipt didn't start until 2004, and it was still pretty minimal at that time for Vets with less than 100%.

So I really have to weigh whether the battle would even be worth it, even if I won.

I understand that last statement. Sometimes it's better to let it go and move on, w/life. On the other hand, for some, it's an honor thing. Either way it's your choice.

I can tell you I started w/the VA, again, back in 1989, when I was at their office one day and saw a notice on the bulletin board about recovering some school expenses, that covered a period I was in school, in the late 70's. I won about $2400. Then I won a partial on the big AO settlement, w/Dow Chemical. Then the VA awarded me 30% for PTSD. I quickly joined the DAV, for life, because I didn't want them to realize there was "nothing wrong w/me." I appealed the 30% and did an in house PTSD program, where I realized just how F**ked up my life had been, due to PTSD. I read a pamphlet by Jim Goodwin, http://www.suicidewall.com/ptsd-etiology/ and cried like a baby, as I felt someone was writing about me.

I won TDIU twice, during my appeal process, and eventually won 100% retro, just for TDIU, back to my original claim date. I have an appeal in for housebound ongoing since 1999, that'll should be retro to 1989. I won a CUE for my daughter for Chap 35. I'm working on an appeal for my ex, where they cheated her out of Chap 35. And it goes on and on. The VA uses laypeople so claims are routinely done wrong.

Your chances are way better at winning w/the VA than winning any lottery. jmo

pr

[free_spirit_etc]

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Edited October 30, 2013 by free_spirit_etc

[FormerMember]

Yes, it is an "honor thing". When I applied in 1989, I was merely cashing in my chit for the promised care I knew was related to my service. Never in my wildest dreams would I have thought my honesty and character (credibility) would be questioned. We Vets had no access to the internet and many of my records were still classified until 1992-96. I had no idea VA would characterize my claims as "contentions" or "allegations'. Those are fighting words to me. I did sign non-disclosure agreements with several agencies but nowhere did I sign off on the rights promised me when I signed up. While I may sound petty and immature, when promises are made and gifts are exchanged, it is expected that the government will not engage in bait and switch tactics. Using artful semantics and legal punji pits is no way to conduct business. Nevertheless, as Veterans, that is what we face daily.

In order to make my point that an honest accounting of all monies due and owing is in order, I will not retreat one month- let alone four. If I give it all to my attorney in the process, so be it. The scales of justice will be balanced- hopefully before I reach room temperature. When you are in the military, it makes no difference if you are "loaned out" to alphabet agencies. Your paycheck is the ultimate determiner of who pays later. I intend to make them keep their bargain-every last dime. Win or Die, ladies and Gentlemen. As someone once said " Leave no one behind...Not on a paper trail. "And my heartfelt congratulations to Carlie on a job well done. Great teaching moment, young lady.

Edited October 20, 2013 by asknod

[free_spirit_etc]

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Edited October 30, 2013 by free_spirit_etc