ptsd Need To Get Va To See A Claim As Cue

[RodnAnn]

Hello to all,

VA refuses to recognize claim as CUE! Below is a copy of what appears on my husband's ebenefits account. It took a little while for this to sink in to me that this is the CUE that we had sent to Montgomery, AL in April of this year. Then when I talked to someone at the 800# he informed me that no matter where you send a claim it is always sent to your home state's regional office.One thing that threw me off was that he has a recent claim in for increased evaluation of his PTSD. I have no clue how to make the VA see this is a claim for cue! I have spoken to two reps at the 800# and stressed that this is a claim for cue.The VA is treating it as a claim for an earlier effective date. What else can I do to get them to see that it is cue?

Details of Your Claim

Claim Received: 04/11/2014
Claim Type: Compensation
Estimated Claim Completion Date: 04/03/2015 to 11/19/2015

Contentions: PTSD (New)

Claims Status Process

Skip the Claims Process and go to the current phase.

1. Claim Received

2. Under Review

3. Gathering of Evidence

4. Review of Evidence

5. Preparation for Decision

6. Pending Decision Approval

7. Preparation for Notification

8. Complete

Next Steps:

We will review all available evidence and make a decision on your claim upon receipt of all requested information as outlined in the headings, "What Do We Still Need from You?" and "What Have We Done?".

Several factors will determine the duration of the "Development" phase, including:

· type of claim filed

· number of disabilities you claim

· complexity of your disability(ies), and

· availability of evidence needed to decide your claim.

Additional Details

· Your Designated Power of Attorney

· Regional Office of Jurisdiction:

Jackson

· Send Documentation To

Department of Veterans Affairs Regional Office
Regional Office
1600 East Woodrow Wilson Avenue
Jackson, MS 39216

Upload Documentation

What Do We Still Need From You? Your Attention is Needed

· Automated 5103 Notice Response

Date Requested: 05/30/2014
Due Date: 06/29/2014

I am thinking of sending this letter to VARO in Jackson, MS. Any thoughts?

To whom it may concern:

I would like to establish the fact that my claim that was received by your office on 04/11/2014 is a claim for CUE

The first line in my claim dated 04/07/2014 reads: THIS IS A CLAIM OF CLEAR AND UNMISTAKABLE ERROR UNDER AUSPICES OF 38 USC 5109A.

It is my hope that you will give me every consideration afforded to me under the laws that govern this decision.

Respectively,

Date______________________

[hmcquade]

First, do you have a SO? Second was a claim for PTSD flied and denied? I won a case for my Tinnitus that was denied, I filed a NOD, but I actually proved the VA board made a CUE and won.

I am not sure but I think you need to get denied then file that the VA made a CUE and be able to prove it.

Hugh

[john999]

Your claim must be final to file a CUE. CUE is hard unless it is clear to even dumbest VA employee.

[Navy04]

I agree with the above advice. Your claim has to be final, then you have to prove to VA based on their policies, that a mistake was made on their part. I found a CUE a few months back, and now that I am 100%, it was not worth me fighting for $2500 worth of back pay, as much as I needed the money, and want to slap the VA in the face with their mistake. Good luck and keep us posted. By the way what are you guys listing as a CUE? Many Vets get denied for Increases when there is no active evidence. My PTSD just went up from 30 to 70%, but in my case the VA called me back in and noted that my PTSD was never rated correctly last year, and now I have a new FDC claim to increase it to 100% as recommended by the VA Docs.

[RodnAnn]

Yes my husband is rated 50% SC for PTSD. The CUE is for an EED back to 2002.

He had a diagnosis then and he has a PH which was on his DD-214.

I posted about the CUE in another topic " Jurisdiction of C&ue".

[hmcquade]

Your claim must be final to file a CUE. CUE is hard unless it is clear to even dumbest VA employee.

I had a hearing at the DAV in Detroit before a Lawyer, had no idea I would win.

Hugh