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nanaeris

Va Cancelled Claim Without An Explaination

Question

I filed a CUE claim for myocarditis within the presumptive period and a claim for an earlier effective date for osgood schlatters disease on 11 Feb. 13. The claim was moving along find. I uploaded the 5103 waiver review through eBenefits on 9 July 13. The claims just disappeared. I could not get any information from the VARO Waco about my claim. They kept stating I did not have a claim. I did a congressional inquiry in September 13 and Waco responded they found my claim but called it a heart murmur. I responded that I did not have a claim for a heart murmur. I informed the congressman about the lie they wrote him. I learned my claims was cancelled on 12 September 13 without an explaination. The congressman did a second inquiry in November 13 and I haven't heard from his office. I was on the VBA facebook page and wrote about my cancelled claims in January 14. I was suprised when I got a response and the person actually looked into the situation and responded that my claim had been pulled and a manager had actually assigned someone to work the claim and I should be receiving a phone call from Waco to explain what is happening with my claim and to let him know when I receive the call. He stated he did not know if I would receive just information or a decision. I don't know if when I informed the congression about the lie and decption they responded to him or something else made the people in Waco do their job. When I was in southern california, I went through the same thing with the LA Regional Office and when they called they informed me my claim was approved. Have anyone else went through something like this and what to expect?

NaNaEris

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Take a trip to the ro with a representative. Look at your file. If you have a VSO, fire them for not doing their job. They see this stuff since they have an office at the RO.

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Waco is a horrible RO bud. Sorry to hear about your troubles. I filed an FDC in Sep 13 and my claim went to Gathering of Evidence today after 5 months of nothing. So much for the FDC works quick claim. Good luck and keep us posted.

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yes Waco is a horrible place to have a claim. there is a 100 percent chance they will screw up your claim. I had a congressional inquiry done thru congo j carters office. they finally decided the claim, but screwed me royally.

The congressional inquiries aggravate the RO, but doesnt make them do thier jobs correctly.

The fact is, nobody can force the va to do anything. they must be persuaded. if congressman could fire va employees, the RO s would be empty.

Edited by 63SIERRA

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As I recall, you had filed a Very valid CUE claim Naraeris.

This is one of the past posts on that:

I saw potential for 2 CUEs in the older decision being Cued.

“Have anyone else went through something like this and what to expect? “

At time of the above discussion link, I had a CUE claim ( that involved 3 CUEs in one) filed in 2004 and it was still pending at the RO, and finally was being set for BVA transfer,in 2011..

The RO had continually disregarded every single piece of my legal evidence.

These Claims were written in brief paragraphs and I referred to and attached the legal evidence , as well as proof of the medical evidence which had been established at time of the erroneous 1998 decision.

Then in 2010 the AO IHD regs came out and I promptly filed a SC death claim on that.

By December 2011 I had written to the Nehmer RO, where my IHD claim was sent ,asking them,since the CUE had been filed years prior to the AO IHD claim,and since the CUE claim had not gotten to the BVA yet,

to properly adjudicate the prior CUE claim along with the AO IHD claim.

They did. It took them 3 weeks to render an award to me under that CUE which was within the long AO IHD award letter and included a long evidence list.

My point is that the VA will stall on CUE claims as long as they can. A CUE is a frontal assault on a decision. They make many mistakes as it is, but they hate to get caught in making legal errors.

Maybe I should use Facebook because that got you a result, but still not a decision yet.

I filed another CUE claim on the Nehmer decision CUE claim last year.

Last I heard ,months ago, it was with a “specialist” and I cannot imagine what a VA 'specialist' is.

You asked “what to expect?” and the congressional inquiry in your case, might produce a result that comes sooner than mine did (over 6 years of VA BS, until another RO (the Nehmer RO in Philadelphia read the 3 CUEs in one,in a 1998 decision,then they read the legal regulations the RO broke, that caused a manifested altered outcome,which I proved, and awarded and sent me the cash.

It was a higher amount of retro then the awarded AO IHD claim resulted in.No wonder the RO stalled with it.

I guess it depends on who actually handles your CUE issue.

My CUE was over 6 years ,at my RO , then a mere 3 weeks at another RO....and although their decision on it still was wrong (they owe me about 15 or 18 months more retro based on evidence the VA had at time of the 1998 decision more retro) it just goes to show the lack of consistency we deal with and that would include a lack of an ability to read and/or a willingness to just stall and stall, in hopes we will just give up or die,with no one who can substitute themselves on the claim.

I think you should expect an award on the CUE you filed BUT I also expected an award on mine' that would have come from the BVA ( if the Nehmer RO denied it)

My RO stalled so long on the BVA transfer that it put me into an advantageous position with the Nehmer RO, to make them decide it.

I carefully shaped both of my pending claims for the BVA.

I no longer live under the illusion that my RO can read.They might surprise me but I can be patient ,because if the claims I have now get to the BVA, I know I will succeed.

If you don't get a good result, we can pour over the denial , because you could possibly have a basis then to ask them to CUE the denial within the appellate period. No regs for that, but the head NVLSP Nehmer lawyer was pretty supportive that I had used that tactic with success and will again,if I have to.

My point on that is that we cannot properly prepare a NOD on a decision that contains a legal error that is detrimental to our claim and VA can be forced to correct it, as I hope the Buffalo RO specialist will do ,regarding my pending GCY claim there.

Edited by Berta

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The Board told my husband when he called on one occasion that he withdrew a claim (the clerk told him his claim was "gone"). We don't use a VSO, a withdrawal requires it be done in writing, and he never withdrew anything. Could not get anyone's attention for an explanation and to get it reinstated, so we got our Congressman involved (who's a Navy veteran). He got their attention, and the explanation that it was a clerical error, but it was a very good thing that we checked on it. No one ever sent anything to us to let us know it had been dropped from the roster.

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