tdiu Cue Or Re-Open

[x020574]

I had a claim finalized in Oct/2013 was awarded 90% (was 10%). I had also file for TDIU and was denied stating they did not receive an application. This is not correct, I submitted an application online via the claims upload feature. I can show the dates of the upload, it was indicated to be succesfully upload.

I can verify this in eBennies by reviewing the "My Activity" option. They had it one file, elctronically but never reviewed it. I hope I don't have to wait another year or two to get this resolved. If they denied me because I was not eligable I could accept that but to deny me for not submitting an application is wrong!

Which would get a quicker response, a request to reopen or CUE? (if I even have a QUE)

I have called my VSO office, but never get a live person, messages go unanswered.

10% Tinnitus, 10% DM II, 60% IHD, 70% Mental Health - 90%

[Navy04]

It would be a reopen, it is like when you fax something to someone, and they say "I never received it, but you have the confirmation page saying that It was sent". Ebenefits is just proof that you uploaded a form, not proof that they received it. It would just be you versus them, take the win you have, which is great and you deserve that money. Then submit a new claim for TDIU, plus it will look better now that you are 90%. God bless you and good luck.

[71M10]

You cannot CUE until the decision is final (one year after date for initial decision, 60 days after an appeal decision).

I would file a notice of disagreement (NOD) in it state that you in fact did turn in a TDIU form provide them the copies of the fact they received it. It appears as the VA is living in two systems, some of the items we file electronically aren't downloaded and worked (especially if the process they are working on started in the old system). It will not be a fast fix. They will most likely acknowledge they had received the form (after you prove to them they did). They will then start a Decision Review and end up reviewing evidence, requesting physicals and everything else they do when processing claims. They will work the issue and give you a decision in a SOC.

The fact that they were wrong will not impact the processing speed or accuracy.

Sorry you have to deal with this!!

[Berta]

Actually I think maybe he could CUE this Z1M10...that is ....ask the VA to CUE themselves (info on that in our CUE forum)

With proof of your sending them the form, even via ebennies, the VA has violated 38 CFR 4.6 in my opinion.

I would also send them an IRIS as a Complaint. There is a pop down box for sending IRIS complaints at the IRIS web site.

"The fact that they were wrong will not impact the processing speed or accuracy"

I do agree in most cases but when I asked them to CUE themselves last year i(via an IRIS complaint and a Fax) they sure got their thumbs out of their butts fast.

It only took 3 weeks to fix their legal error.

Otherwise I would be the one spinning on my thumb, and would probably be at the BVA by now.

This is my template for a Go CUE Yourself request:

This is the result:

An additional CTA posthumous C & P exam was done on Dec 22, because I took action right away and that is why I say it took 3 weeks because that exam determined the rating. I knew it would be an award.

I hate it when the VA pulls stuff like what you are going through and they seem to have started those phony EEDs too......it is ALL a stall. Z1M10 took note of that as well.......in a different post here today.

I guess VA figures we will all buy whatever they are selling and many vets do,

without questioning EEDs and stuff like in your case, because they are so glad to finally get off the VA battlefield.

But it might be well worth their while to hang on for one more skirmish.

I remember some years back a Big broohaha occurred because hundreds (maybe thousands) of TDIU vets had failed to return the annual form they need to fill out and send back to the VA to show they are still TDIU.

The *&^%$#@ VA didn't Send the forms out when they were supposed to ,and tried to screw with their TDIU comp when the VA didnt receive back what they didnt send.

I recall John999 advising everyone here who was TDIU to copy the annual form and put it in a file and mark their calender to make sure the VA got it on time.

I think many here sure listened to John's advise because that snafu sure doesn't seem to happen anymore.

I

[Philip Rogers]

Actually I think maybe he could CUE this Z1M10...that is ....ask the VA to CUE themselves (info on that in our CUE forum)

With proof of your sending them the form, even via ebennies, the VA has violated 38 CFR 4.6 in my opinion.

I would also send them an IRIS as a Complaint. There is a pop down box for sending IRIS complaints at the IRIS web site.

"The fact that they were wrong will not impact the processing speed or accuracy"

I do agree in most cases but when I asked them to CUE themselves last year i(via an IRIS complaint and a Fax) they sure got their thumbs out of their butts fast.

It only took 3 weeks to fix their legal error.

Otherwise I would be the one spinning on my thumb, and would probably be at the BVA by now.

This is my template for a Go CUE Yourself request:

This is the result:

An additional CTA posthumous C & P exam was done on Dec 22, because I took action right away and that is why I say it took 3 weeks because that exam determined the rating. I knew it would be an award.

I hate it when the VA pulls stuff like what you are going through and they seem to have started those phony EEDs too......it is ALL a stall. Z1M10 took note of that as well.......in a different post here today.

I guess VA figures we will all buy whatever they are selling and many vets do,

without questioning EEDs and stuff like in your case, because they are so glad to finally get off the VA battlefield.

But it might be well worth their while to hang on for one more skirmish.

I remember some years back a Big broohaha occurred because hundreds (maybe thousands) of TDIU vets had failed to return the annual form they need to fill out and send back to the VA to show they are still TDIU.

The *&^%$#@ VA didn't Send the forms out when they were supposed to ,and tried to screw with their TDIU comp when the VA didnt receive back what they didnt send.

I recall John999 advising everyone here who was TDIU to copy the annual form and put it in a file and mark their calender to make sure the VA got it on time.

I think many here sure listened to John's advise because that snafu sure doesn't seem to happen anymore.

I

Berta - supposedly the VA has stopped using those forms, a few yrs back. I know I have guys in my PTSD group that have been TDIU, w/P&T, for yrs and have never filed out one of those forms. Just goes to show you how screwed up the VA is, as nothing is done uniformly.

pr

[71M10]

Berta, I agree that a Veteran can at any time point out the the VA that they have commited a Clear and Unmistakable Error. However, I don't believe they gain any different treatment/proccess by claiming CUE, unless it is a psychological reaction to the term. My understanding (could be wrong), is that CUE has no legal meaning to the VA until it was associated with a final decision.

I would suggest that correspondence received from you gets a lot of attention, since you have repeatedly thrashed the VA at all levels. I imagine it ellicits a reaction similar to what the Iraqi Republican Guard had when Saddam Hussain indicated the US infidels were attacking again:-)

[Berta]

Z1M10......that was an interesting comment........!!!!

and I think you are right.

For some reason, my RO not only gave my husband a hard time with his claims but they have done that to me for almost 20 years now, as his widow ,and even tried to screw around with my veteran daughter's Chapter 35 eligibility.

I have never received a proper VA articulate decision right off the bat from my VARO and when I got that Ludicrous AO IHD death denial in 2011, my patience with VA was completely destroyed.

In my vast amount of files re: VAOLA, I have documented proof in many decisions, that not only was my evidence completely ignored, but that those decisions reflect either VA illiteracy or down right laziness ,and most importantly , many reflect very poor knowledge of basic VA 101.

The best weapon we have is 38 CFR itself sometimes.

VA isn't really the enemy of veterans and their survivors ....Time is.

If the VA ever has a situation like Shreddergate again, that will be the time for me to give H VAC testimony again and I will be delighted to use ,as evidence, many of my actual RO initial decisions ,to prove how fubared the claims system is.......

I am sure not an isolated case and I don't think the VA discriminates against us widows at all....they treat many of us the same way they treat you veterans....and it is an absolute National Disgrace.

"The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional to how they perceive how the veterans of earlier wars were treated and appreciated by their nation."

George Washington

Edited December 18, 2013 by Berta