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Should The Va Have Closed An Old Claim And Opened A New When There Is Cue?


CBaker84
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Question

This part of my review for their FB, but I would love to hear from anyone regarding any of this...

I do not believe that the VA is accurately reporting their claims processing, specifically those relating to CUE errors. Here is why:

In January of 2014, I filed a NOD with the VA because they failed to properly review evidence on my claim. The VA agreed with my assessment and identified the error as being clear and unmistakable (“CUE”). Following this, the VARO in Honolulu asked me to agree to close my pending appeal for this error. They informed me that because my claim was CUE it would be reassigned to a special team that handles CUE claims and that it should only take “a few weeks” to “fix.”

We are now many, many months into this process. The VA opened a new claim in place of my original one, which at this point would have been a two-year-old claim. Doing this benefits the VA and is a detriment to myself and any other similarly situated veteran. Being a new claim our paperwork is put to the back of the stack and is not a priority – when in reality, our claim is still pending, not complete, and however old the initial filing was. The VA doesn’t want a two-year-old claim pending as it makes their reports on processing look worse. So, to their benefit, they killed my proper claim and have this new one processing. It’s a sham. It’s inappropriate. And, it needs to stop.


Does anyone have some knowledge or experience with this? I'm not sure why my old claim was closed. It would have had priority in processing because it would have been a two year old claim.

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"Following this, the VARO in Honolulu asked me to agree to close my pending appeal for this error. They informed me that because my claim was CUE it would be reassigned to a special team that handles CUE claims and that it should only take “a few weeks” to “fix.”

I have had a few CUE claims,one pending. and they say it is with a 'specialist'

but the rest of.this is NOT the way they handled a CUE they made in my Nehmer decision.

It was a CUE they made within an award I got for a CUE claim I filed.

Can you scan and attach here this part of the letter you got that says they asked you yo 'agree to close' the pending claim?

"the VARO in Honolulu asked me to agree to close my pending appeal for this error."

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"Following this, the VARO in Honolulu asked me to agree to close my pending appeal for this error. They informed me that because my claim was CUE it would be reassigned to a special team that handles CUE claims and that it should only take “a few weeks” to “fix.”

I have had a few CUE claims,one pending. and they say it is with a 'specialist'

but the rest of.this is NOT the way they handled a CUE they made in my Nehmer decision.

It was a CUE they made within an award I got for a CUE claim I filed.

Can you scan and attach here this part of the letter you got that says they asked you yo 'agree to close' the pending claim?

"the VARO in Honolulu asked me to agree to close my pending appeal for this error."

We discussed it on the phone. I was calling to follow up, explained the error, they looked it and were like, "Yeah. oh shit... yeah we messed that up." From that point they knew it was CUE and said it would be handled in an expedited manner - but I needed to cancel the appeal.

Little bit miffed. I filed OIG complaints yesterday; 3rd time contacting my senator, going to go to their office again and give a wth speech. Found a number to the director's secretary from a report they did at the VA, so I called and explained it to her - said I felt it was fraudulent and I was contacting my congressional reps / OIG. She said she would look into it. I will know tomorrow if that was beneficial or not because they are supposed to call me back then.

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Another way they can play the numbers and reduce the average....

This is exactly what I explained to her. You kick out old cases by 'solving' them, but you really just made a new claim with a new date. So it looks like you are processing more claims, that old claims are being fixed - and the entire time the veteran is getting screwed. I wouldn't be upset, but a few months ago they told me, "Well - other claims needed to be processed ahead of your because we are working claims older than one year. Your claim is only a few months old." I almost lost it. It's like, seriously man, the claim is 2 1/2 years old now. You guys just botched it.

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"We discussed it on the phone. I was calling to follow up, explained the error, they looked it and were like, "Yeah. oh shit... yeah we messed that up." From that point they knew it was CUE and said it would be handled in an expedited manner - but I needed to cancel the appeal."

What VA says on the phone usually never has any merit at all.

I thought you had some documentation on this from the VA.

Such as proof of 'The VA opened a new claim in place of my original one'

Contact IRIS for a status and wait for an email response that will probably support your complaints..

A few weeks ago I sent IG a Hotline complaint.

I told them exactly where they could find proof of my complaint.and that I could provide copies of it.I gave them my C file number.
I dont think there is anyway to attach documents to a IG hotline complaint.

But my main concern with the IG regarded the Phoenix investigation( and I told them I could provide evidence on that)was far more important than my concern about my claim.

They (VA) did mention to you a specialist team and that seems to indicate that maybe they are working on a CUE. But they told me (via the uselss 800#) last year my CUE was with a "specialist" and I think that might be the person at my VARO who fills the paper water dispenser cups.

Documented evidence is needed when one has a valid complaint.

Using IRIS......... I always use a word program to carefully write and edit my IRIS inquerys.

I focus them carefully on the information I want.,wording them so that even a 10 year old can understand them,.

I leave out any extemporaneous stuff.

I think about what I have written for a few hours ,before I copy and paste it into IRIS.

My last IRIS responses in email from VA over the past year or more have been ludicrous.

With those emails from the VA I now have documented proof that they have screwed up my issues ,and have used a claim I filed in 2012 as a NOD for another claim they have re characterized as a DIC claim, but I already get DIC.

I asked the IG ,since the evidence is there to award the DIC under the 3rd basis and since I have not filed a DIC claim since 1995, (they awarded DIC already under 2 other basis) and only pay one DIC award.....(proof all in my C file)

who will be getting the DIC check?.(which could be retro under Nehmer to 1994..20 years of DIC is a nice chunk of change))..

That is a valid claimants concern for the IG hotline to receive.

.

Edited by Berta
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