Ao/herbicide 2010 Bbe Arrived Need Advice

[jcolwell]

My skills limit me to converting , please see attachment. So Why not grant 100 % for IHD and AICD retro to 2010. Did I fail the last 2 years of learning . Please advise all you heart people.

Confused . JC and wife Colwell IHD with AICD.pdf

[stillhere]

Berta, I am sure you have in the past done this for an appeal and sometimes even for a claim. There is no way in a hill of beans the VA is going sit there and everything we send them on appeal and we know that.

I summarize my evidence and highlight and in some cases I have tabbed with color tabs and lead them by the hand not only what they should read but also what rate I want and the law that backs it up!

Going back for a reconsideration or in some cases a appeal takes to long and is a PITA! So I like to help them as much as I can come to the proper decision and evaluation.

Stillhere

[jcolwell]

Thanks , to Berta I got my CUE letter off to the RO this am. I was able to upload to IRIS as well, also faxed copy to Veterans affairs in DC office,( for laughs) Faxed to DAV in Phoenix, and indicated in letter that AZ Senators had been copied but not really as they never help on this. Going back to see VSO on Thursday ( have never met him before so this should be fun ). Have not and don't want to file an appeal. I got my 60 days . Feel like I am herding a bunch of Cats. Patsy and JIm

[free_spirit_etc]

Good luck jcolwell!!! I hope you get this resolved quickly! You still might want to copy your Senator if you don't get results. Even if they only forward a copy of the letter to the VA - that should prompt someone to look at it. Actually, if you write the Senator, you might focus a bit more on the Waste part of fraud, waste, and abuse.

I would copy the exact part of the evidence that shows the AICD and the exact rating for it - and let the Senator know that it is such an obvious error, that would only take someone a few minutes to correct, that it is unfortunate that tax dollars would be wasted sending this case all the way to the BVA to get resolved. Considering the current backlog, for the VA to spend valuable time and resources sending this case to the Board, would be so wasteful in a time of such economic belt-tightening, when the VA could easily resolve the issue without wasting valuable resources and tax dollars.

Maybe if the VA had to respond to the question as to whether they were wasting tax dollars, they might act a bit more quickly than if they had to answer whether they did or did not make a correct decision in your case.

I am wondering if you could frame it as more of an administrative error. The law clearly states AICD should be 100%. The decision clearly shows your husband has an AICD. How much of the VA's time should be wasted, and how many tax dollars be spent resolving this error?

I hope your husband is doing better!

[jcolwell]

Thanks Free spirit.

I sent the CUE last week but rewrote it using Berta info again today.( sent twice)

OUt of the blue they have now opened a claim called " CUE " and it is under review . YEA. This gives me hope.

Crazy thing is they said it would be done by 7/2014. You are right about wasting $$ as this time should go to some other poor soul who is sick and waiting. I will keep you guys posted. Appreciate all the support as I try not to reach thru the phone and slap them.

At least we are back on the radar. We have spoken to Mc Cain office but will wait a bit to engage them as last time they did not help us. The beat goes on.

Patsy and JC

[Berta]

"OUt of the blue they have now opened a claim called " CUE " and it is under review . YEA. This gives me hope."

YIPPEE!!!!!! That is GREAT!

Stillhere said:

"I summarize my evidence and highlight and in some cases I have tabbed with color tabs and lead them by the hand not only what they should read but also what rate I want and the law that backs it up!"

YES Excellent advise ..I do that too and I use those colored round yard sale stickers to identify Exhibit A, B, C etc.

I donate to 2 vet orgs as well to get the name and address stickers they send when you donate.

I put my C file number on every single page I send, with one of those stickers on each page..

"Going back for a reconsideration or in some cases a appeal takes to long and is a PITA! So I like to help them as much as I can come to the proper decision and evaluation."

I agree...a recon request is not only a PITA but VA tried to piss away my NOD time on my Reconsideration Request of their initial denial of my SMC 1151 CUE claim.

They responded with some of the most amazing BS I ever got from them on them one and yet .It appeared they were sort of 'working' on the Recon but they were really just farting around with it,hoping I would go away.

I marked my calender and filed my NOD within days of the deadline.

That claim,filed in 2004 (3 CUEs in one), was awarded in a heartbeat at the Nehmer Philly VARO.,in 2012....8 years after I had filed it.

In all of the VA rhetoric from Buffalo, not once did they acknowledge their legal error or any of my legal evidence.

They even tried to make up a reg and when I asked them to cough it up ,they couldn't.

38 USC, 38 CFR and M21-MR are as valuable to us, as those regs are to the VA.

That CUE derived from a 1998 award letter that my former vet rep did not feel I should NOD.I was stupid to believe him and it bothered me over the years.He said because it was a 1151 issue, SMC didnt apply to the claim. He was dead wrong.If it wasn't for the internet since then and easy access to the regulations, the VA would still have my money on that CUE in the VA coffers.

[john999]

If you get a denial on your CUE I would look around for a lawyer. CUE's get a lot of "push-back" from the VA, especially if they might set precedent. Mine seemed so simple, and yet is seven years old, and VA has challenged just about every word in their own definition of what constitutes a CUE. You may get a denial that simply says the "the decision in question contains no CUE". When you get to that point hire a legal eagle if you can find one with guts enough to take a CUE. If they take it then you know you probably have a CUE, but winning is another thing, so hitch up your depends like I did and fight.

When Berta gets mad she just says to VA "Aw, just CUE yourself and the horse you rode in on".