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diabetes Va Cued Themselves Due To Vcaa Violation-i Think
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Berta
It appears that the RO ,upon receipt of my CUE request of Aug 22,2006, has cued a past
VA decision and VA has re-opened - my claims of direct service connection of Rod's death due to AO.
This is not my two CUES on them-in adjudication-
This is a request for the VA to CUE itself.
They can do that-and did this for me in the past on 2 or 3 decisions.
I can only assume this from limited info so far-
and even had to cancel a Wednesday appt with my new vet rep because of the Blue Water Vets astounding AO news. He said they are doing all they can too to get this Haas decision out to affected vets too.
I will copy and paste the VCAA Cue request I made to the RO VSM:
This is the template to follow but make this specifc to what ever you received- I got 5 pages stapled together with no specifics and no VCAA election notice.Nothing on what I received indicates this is a VCAA notice.
The SSOC said I had been sent VCAA "letter" but I did not get a Notice-which is the Election form.
I believe this letter and the ones I sent prior to it regarding the same matter-has generated this Aug 8th 2006 re-open date on VA's part-and the news I got this AM from the RO- I have not re-opened anything-
In any event I am just thrilled at this news from the VARO!
I am not worried about a recent EED-(8-8-06)because I am a Nehmer AO class action widow.The EED is in 1994.
Use this as a template of a sort but make it specific as to what you did and did not receive as VCAA Notice.
And you can through in that this is a procedural defect and must be correct before a proper decision can be made. You can add some BVA citation numbers from 2006 to support that-there are plenty remands there due to this violation of the VCAA.
Ms. (VARO VMS ) August 22, 2006
Department of Veterans Affairs
Regional Office Re: XX XX XXX XXX
130 South Elmwood Avenue
Suite 601
Buffalo, N. Y. 14202-2478
Dear Ms. XXXX,
I am asking you-the VARO- to CUE ( to make a VARO finding of clear and unmistakable error) in regards to your past decisions regarding my claim of Feb 2003 for direct service connection of my husband’s death (Rod Simmons, DOD Oct, 14, 1994) due to Diabetes Mellitus contributing to causes of death as listed in his death certificate and autopsy, incurred by virtue of his exposure to Agent Orange during the Vietnam War.
VCAA letters regarding my claims, as you wrote to me in January,2006 would be sent to me. None ever came. The July 23, 2006 letter I received from you (re: 307/CAO/21) is not a formal or legal VCAA Notification at all. I never received any election form nor any request as to what I would need to send to you- specific to this claim. There is no signed election form in my c file because you failed to send me one.
I have enclosed the National Veterans Legal Service Programs statement regarding proper notification under the VCAA. And of course you can see what I mean in Pelegrini V. Principi, 38 C.F.R. 3.159, and as found within provisions published within M21-1.
Enclosed:
VBM, 2005 Edition (NVLSP) page 1307 highlighted Respectfully,
CC: (put your POA here and send them a copy of this) Berta M. Simmons
Edited by BertaLink to comment
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