Cue Update From 10/2013

[jcolwell]

History of claim

I filed a CUE after rating of 30 % for IHD presumptive for Thailand with AICD 10/2013. AICD was not rated in my claim. ( NOD from 2011). Claim should have been rated at 100%.

DAV agrees it was rated incorrectly

DAV and RO had me race to get a updated DBQ from my cardiologist last week which they got on Tuesday and it was hand carried to the supervisor of the DRO area by DAV. They said needed to hurry and get this addressed since claim had just closed it would be easy to " rework" it.

That all sounded good to me at time but now it is dead silence from DAV and VA.

Cue is posted on E Benefits to be resolved 7/2014.

Todays update:

: Thought I would provide an update on my CUE status that Berta and others helped me file in 2013.I started a new post since it has been 7 months since my last post.

We have been given 2 verbal by VSO that claim is approved at 100% retro back to 8/2010.

Today spouse went to see VSO again and he showed him the screen showing approval. He called DRO who approved claim back in 2013 and he cursed over he speaker phone that VSO needed to call Propagation ( SP?)guy and tell him to get off his ass and fund this thing. We already get 20 % for IHD but they are still not giving us any thing in writing and no $$$. I believe they are treating this like an appeal.

I do all the work on my husband claim but refused to go to the RO anymore because I might slap or choke someone for the total lack of work ethic these people display.

Today is our 3 year anniversary when we started this mess . I have great sympathy for those veterans with less expertise /resources to deal with these people.

Patsy and Jim

[Berta]

"We have been given 2 verbal by VSO that claim is approved at 100% retro back to 8/2010.

Today spouse went to see VSO again and he showed him the screen showing approval. He called DRO who approved claim back in 2013 and he cursed over he speaker phone that VSO needed to call Propagation ( SP?)guy and tell him to get off his ass and fund this thing. We already get 20 % for IHD but they are still not giving us any thing in writing and no $$$. I believe they are treating this like an appeal."

I went back to some of your older posts:





In the above topic you stated:

"First to thank Berta and several of you for advice and support during the dark days of my claim. Briefly: VSO called this am to advise 100 % P and T for IHD with AICD. They are working on the math in DC. . With Berta help we filed a CUE in Oct 2013 since VA DRO did not address the AICD in the IHD claim.

The retro will go back to 8/2010. I was jet engine mechanic in Udorn 1970 and located my colonel who wrote letter to support my claim.

Berta , we used the CUE template that you shared so thank you. I am a RN and have been working on my husband claim for Thailand herbicide exposure since 4/2011. I still have a lot of work to do to get him approved for his secondary chronic renal disease and SC for GERD.

Regards Patsy and Jim "



I missed the part there that they are working on the math in DC..........why would DC do the math? Hell we could figure the math out here at hadit!

"We have been given 2 verbal by VSO that claim is approved at 100% retro back to 8/2010"

Patsy and Jim, was this approval from a BVA remand???? I don't recall it was but just checking.....to be sure


"Today spouse went to see VSO again and he showed him the screen showing approval. He called DRO who approved claim back in 2013 and he cursed over he speaker phone that VSO needed to call Propagation ( SP?)guy and tell him to get off his ass and fund this thing. We already get 20 % for IHD but they are still not giving us any thing in writing and no $$$. I believe they are treating this like an appeal."

If I were you would file an IRIS as a Complaint, There is a pop down box for complaints at the IRIS site.I would tell them what you told us here.

I would tell IRIS briefly the situation , tell them you are a witness to the phone call and ask IRIS to contact the "propagation (sp) guy and tell him to "get off his ass" per the DRO..give the IRIS people the date and initials and numeric that appear on the right hand corner of the last letter you received from the VA next to the Re: thing and date of letter.( It might be the initials of the DRO unless you have their name)

(maybe they meant preparation guy who prepares the decision ??????/anyone here know what they meant???)

I have a Go Cue yourself claim that has been with a 'specialist' whatever that is, for over a year I think by now.

Forall I know maybe the specialist is the guy who refills their water dispenser jugs.

I have had many IRISs go unanswered over the past 2 years and filed another one 4 weeks ago in which the reply made no sense at all.

I have 2 issues with the VA the CUE yourself Request, (I had to file a timely NOD on that and also I filed a NOD extension request ( gearing this all to the BVA, because if it gets there, they can read and I have no doubt they will award the CUE.)

I also have a Section 1151 claim pending that they lost last year but they found it when I raised hell.
My documented medical evidence for that ,which I enclosed with the claim comes from the VA Strategic Health Team at VA Central via OGC.
A real no brainer claim,easy as pie.I think they 'lost' it again.



I replied back to IRIS that I have been very patient with the IRIS people but if they cannot send me a status that makes sense I will file an IRIS complaint.

I gave them more time but my patience is up and I will prepare an IRIS compliant later today.

In my experience IRIS complaints,since they get to VACO, produce results.

I filed a CUE yourself request via IRIS in 2005 ( got me a double DRO review in mere weeks) and I also faxed a go CUE yourself request, with immediate results in 2011.

That one I made sure got to VACO, and they ( VA Central) even called me up.

When we know we are right and need to get tough with the VA ... we do need to get TOUGH.


You made a very poignant statement here:

"Today is our 3 year anniversary when we started this mess . I have great sympathy for those veterans with less expertise /resources to deal with these people."

Me too.And It seems you have a VSO who does understand your plight. But I feel VA takes full advantage of vets and widows/widowers of vets too ,who,as you said, do not really have the resources and expertise to deal with the VA.

[jcolwell]

Never filed anything with BVA ever..........

All this is coming out of RO in Phoenix. I spelled word wrong that the VSO used it should be " PROMULGATION AT THE PHOENIX RO, not DC "

They are mailing him a copy of the approval from last year for 100 % P and T ( ha ha sure they are ). If we don't get that by Saturday then I will use your idea and go with the complaint. I have seen that on IRIS before.

I wonder if they are waiting on the $$$ for the new fiscal year to begin in July ? Our VSO is ok but he is afraid of me cause he knows I can assume the bitch role at anytime and will do so on Saturday and yes it will be the tough bitch that shows up.

They might not have time to respond to my Iris email here in Phoenix they are too busy dealing with the media and all the dead veterans and the secret list.

Bet the RO also have a secret list as well. jc

[jcolwell]

Well , Berta we did it . Logged in to E benefits this evening and there it was .............100% P and T with commissary letter etc. No money yet. They gave our monthly expected amount. It is correct.

They said CUE was done Dec 1 2013 but left on a desk somewhere.

My first task in am is to call and get my husband a dental appointment which is one of the most important things for him. The rest will come with time but right now I want him in that dental chair asap. Apparently Phoenix has a good dental program.

It still does not feel real and I have not cried yet, husband is having a deserved Martini. We have a bottle of Champagne he bought 4 months ago and we will drink it tomorrow with the kids.

We are fortunate we don't really need anything and have private insurance for him and his IHD etc. We have been blessed.

I really want to thank all of you for having this website. All of you have always been gentle with helping us find our way in this mess. OUr CUE filed Oct 2013 and resolved 12/13 if anyone is wondering. OUr first ever filing was in 4/2011.

Thanks everyone

[Berta]

YIPPEE!

Sometimes I think many here don't agree with my Go CUE Yourself VA tactic.....and .thats OK....

and

It will work !!!!!!!!!!!!!!!!

We claimants are deprived of the ability to even prepare a valid NOD ,when a VA decision contains legal errors.

Thank you both for being Proactive on this and hopefully your situation encourages others .to see if the VA made a legal error in any denial, and at any point in the appellate period, that altered the outcome of the claim, to their detriment, they can fight it.right away.

AND in your case, and in the case of every CUE claim I ever filed, the CUE was within an AWARD letter...so all here have to watch for that, as well as any denials they get.

My pending CUE is on a CUE award, in which they got the retro wrong.

I guess they think we will be so glad to get an award, that they can lowball it and get away with that.

I admit I was still so exhausted from my December 2011 CUE battle,that when the Jan 2012 AO and CUE award letter came ,that I put off filing my additional pending CUE for months,but within the appellate period.

This is GREAT NEWS !

You had a good DAV Rep too, who knew the rating was wrong and without that CUE filed, this might have taken years more

to be properly resolved.

I intend to celebrate with you by eating a very large brownie...or maybe four or five.........

Edited April 25, 2014 by Berta

[carlie]

Great news !

[Tbird]

Congratulations...This is wonderful news. If you paid the VA Hospital co-pays they will refund them retroactively to your effective date. I think you go to patient affairs at your local VA hospital, but it may be patient accounts can't remember. Also check your state benefits.