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asknod

Looking For Cue In All The Wrong Places

Question

A large number of Vets who come here voice a concern over the idea that VA might engage in retribution over your becoming over eager in you claims filing. Nothing could be further from the truth. However, I would ask you to review this Mekus v. Shinseki case to see exactly how the VA is held to the same legal standard (very high) that you are when you file a Motion For Revision (CUE). VA does not CUE themselves unless it is for the convenience of screwing the Vet.

http://asknod.wordpress.com/2014/02/13/cavc-mekus-v-shinseki-idle-hands-are-the-devils-workshop/

VA doesn't often engage in this but they do it frequently enough to wonder. Oddly, many occur at that critical juncture when you are getting ready to attain the benchmark of 20 years (38 CFR 3.951(b)) and the guarantees that come with it. Mr. Mekus ws reaching the preservation point of ten years for his wife's DIC but the VA is equally vindictive on this. Remember, after the magic twenty, VA cannot monkey with you or your percentages. As for CUE, they better have some damning evidence.

http://www.law.cornell.edu/cfr/text/38/3.951

A

cp

Edited by asknod

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It is so weird, my good friend died on Christmas Eve, and he was a Korea and Vietnam Vet. His wife is fighting with the VA now, because he died of a Condition that he had for 9 and a 1/2 years. He was 60% SC, but IU 100&. I recommended that she go talk to a VSO or something. I really don't much about this subject, but I feel so bad for her. She is 63 and works part time at a hospital, she had to let their RV and Truck go back. Now all she has is a lonely house, no husband, and they were Married later in life, so no children together, and their previous children wanted what little he had, and they hid the road, WTH. Thanks for all the good info that you always post.

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O4, if he died from the condition and it was service connected, his spouse would get DIC. Or she should.

a

cp

Edited by asknod

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