Cue On Original Claim

[NavyWife]

Hubby has 4 denials all for exactly the same thing.

If he wins a cue claim on his first, original decision- would he get backpay all the way back to that first decision?

Edited May 4, 2014 by NavyWife

[NavyWife]

john999---

Trust me when I say I don't expect anything from VA. I do not have my hopes up about this AT ALL. I understand how VA works!

The thing is, if nobody ever calls them out on their errors, essentially they are breaking the laws and will continue to get away with it.

I'm not pursuing this for financial reasons, because going from 20% to 40% is not very much. I'm pursuing this because they did not follow the regulations that they are required by law to follow.

I'm sorry your CUE was not approved. Is there anything you want to share that you might have done differently? It's really difficult to find information regarding CUEs on the internet. So the main sources of information are people that have gone through one.

[john999]

All I could have done differently is to have filed an appeal within one year of my decision. CUE claims are based on the evidence and the law at the time of the decision. I had the evidence, but I did not know the VA could just ignore it. If I had appealed the original decision in 1973 I probably would have gotten a higher rating at BVA. Since I did not appeal I was screwed because of the law at that time. My lawyer told me if we lost my CUE he would never do one again he was so sure I had one. CUE is really the last resort and only affects final and unappealed decisions. If I thought I had a CUE I would file instantly.

John

[OSVET]

I was awarded 50% SC for Major Depression and Poly Substance Abuse in early Remission by Houston RO in 2012. I came to Arkansas in 2014 where I was treated for Prostate Cancer. I filed for an increase on my depression because of the Cancer and ED. Also asked for Temp 100% for Substance treatment in 2013 and 2014. The Little Rock RO response is Houston RO made CUE in awarding me anything. Complaint of depression in medical record, substance treatment on active duty. Honorable discharge for substance treatment failure in 1983. Where is the CUE? Think I need a lawyer.

[Berta]

Welcome to hadit!

Some USMC veterans ( 60 per this article) have been successful in getting compensation for prostate cancer due to exposure to the Camp Lejuene water contamination

situation.:

http://www.tampabay.com/news/military/veterans/va-blasted-for-dragging-feet-on-aiding-camp-lejeune-families/1277317

More here on this:

Also prostate cancer is presumptive to Agent Orange if you served incountry, in Vietnam.

"The Little Rock RO response is Houston RO made CUE in awarding me anything. Complaint of depression in medical record, substance treatment on active duty. Honorable discharge for substance treatment failure in 1983. Where is the CUE? Think I need a lawyer."

In other words, you mean the Little Rock varo sent you a letter saying that Houston had made a clear and unmistakable error in the award Houston gave you....

When did this letter arrive? I believe it says you only have 60 days to respond to the proposed reduction.

Did you request a hearing?

Do you have copies of your complete SMRs from both USMC and USN and Copies of your VA medical records.?

We can help more if we can read the actual decision.

Can you scan and attach the VA's Reason's and Bases part of the decision and their evidence list here?

(Cover C file number, name, address, prior to scanning it.)

I see you are USMC and USN, like my husband was. Is it possible that the Little Rock RO only looked at one part of your service records from one branch and not the other?

Was the reduction based on a recent C & P exam? If so do you have the results?

[Berta]

To clarify this:

The 60 days is to present additional evidence and the predetermination hearing must be requested within 30 days of recipt of the letter.

"Procedurally, where a reduction in an evaluation of a service-connected disability is considered warranted and the lower evaluation would result in a reduction or discontinuance of compensation payments currently being made, a rating proposing the reduction or discontinuance must be prepared setting forth all material facts and reasons. In addition, the RO must notify the veteran that he has 60 days to present additional evidence showing that compensation should be continued at the present level. The veteran is also to be informed that he may request a predetermination hearing, provided that the request is received by VA within 30 days from the date of the notice. If no additional evidence is received within the 60 day period and no hearing is requested, final rating action will be taken and the award will be reduced or discontinued effective the last day of the month in which a 60-day period from the date of notice to the veteran expires. 38 C.F.R. § 3.105(e) (2013)."

http://www.va.gov/vetapp14/Files5/1442778.txt

The veteran in this recent BVA case overcame the reduction.

There are many discussions here on proposed reductions.And members who got them.

They did this to my husband in 1988 (the letter came on Dec 24, 1988....how can I ever forget that Christmas)

I used the regulations they quoted in the letter and why they were using the regulations the wrong way, and then I also used plain old Common Sense in the NOD.

I submitted no evidence except for a copy of the same regs they used.

I did make reference to a situation at the VAMC he worked at, involving the Director, and the two of us

and I probably gave them the director's phone number but I don't think they even needed to call him.

About 8 months later his POA called us up and told us the RO had reversed their proposed reduction. .

One of the first vets I met at hadit about 17 years ago received this type of letter from VA.

He requested the hearing immediately and we had many discussions as to how he could overcome the proposed reduction.

He followed through on everything I suggested, and suddenly the VA cancelled the hearing and reversed their proposed decision, based on the additional evidence we had presented to them.

This case was not a medical issue at all, his medical disability was well established. the VA tried to say he never had 'boots on ground -Vietnam' and was trying to reduce completely his AO presumptive award.

He was 100 % SC P & T with 2 children set for college. It was a very stressful situation for him.His children's Chap 35 educational benefits had been threatened, as well as his dependent's CHAMPVA and his monthly 100 % SC comp.All reduction proposals are stressful.

We proved that he had ONE boot on Vietnamese soil and it only took one boot to get this reversed.

The VA can propose to reduce for multiple reasons.And many vets can successfully overcome proposed reductions.

But we need to see exactly why they want to reduce.

.

[Army247]

To all CUE/EED SPECIALIST ( including Berta,Carlie &other Admin) Please help me resubmit an EED/CUE was previously denied.

I've attached decision. In short... in 1991 i developed migraines after a rushed spinal block during a

C-section for the birth of my daughter. The hospital was full & the doctor said they needed the room. Upon leaving service in 1994 I indicated migraines on my exit exam as well as asthma, tinitus & LBP. 6 months later. I received a check for $600 with no explanation. About a week later a letter rating asthma 10% everything else 0%. The letter stated there was NO MEDICAL evidence for migraines. Even though I was prescribed migraine & asthma medication while on active duty.

Fast forward 2006 I requested a C&P for asthma, LBP & Migraines.I now have SEVERE ASTHMA,SARCOIDOSIS OF THE LUNGS & COPD(NEVER SMOKED) 2009 BVA REMANDED the migraine appeal to the VA because I submitted a copy of my medical records from 1991, my entrance physical which stated I didn't have headaches or migraines upon entering service, my exit exam showing I did have migraines & migraine medicine upon exiting service & New & Material evidence from my private doctor that i saw when i was on leave & currently attend. Jan 2011 I was finally awarded 100% Asthma, 40% Back 10% tintus & 30% for Migraines siting a misdiagnosis of TENSION HEADACHES in my medical records in 1991 along with New & Material evidence. It was only back dated to 2006. Jan 2011 I

submitted a NOD requesting migraines are warranted to be rated at 50% and a CUE & EED. August 2014 they were all denied.

PLEASE HELP ME WORD & SUBMITTED A PROPER EED/CUE If I have one. I have come so far I'very been hospitalized several times since my denial and currently have pneumonia. I had to muster up the strength to reach out for help as I'm running out of time and so many other people can be help from my situation.

Edited June 9, 2015 by Army247