silverdollar22 Posted January 21, 2015 Share Posted January 21, 2015 Congrats. See it works!!! Awsome!! Link to comment Share on other sites More sharing options...
Berta Posted January 21, 2015 Share Posted January 21, 2015 (edited) I decided to email her myself. Sec Bob has never replied to me. (Then again my issues to him were really not for my specific claims) I spent in total 14 years in the backlog because my RO refused to consider my most probative evidence for 2 of my past claims. The BVA awarded one of them and then Nehmer RO awarded the CUE claim...in mere weeks as they prepared my AO (HD death award. The BVA claim took 6 years then almost another year to get the retro.. The SMC CUEs sat at my RO from 2003 (the IHD CUE) and 2004 the 1151 CUE, until early 2012. I gave written testimony to the H VAC during Shreddergate, enclosing to the committee 53 tracking slips of evidence I had sent to my VARO over the years they they had chosen to ignore., even keeping critical evidence from the General Counsel's office in 1996. I prepared the main claim ,asking them to CUE themselves on one sentence in the Nehmer claim (that also arose out of a CUE yourself claim)and I have pending with probative evidence that has been in VA's possession since 1992)that should garner an additional accrued 1151 award. I cited 38 CFR 4.6 here again the other day and it is a powerful regulation. Probative evidence is evidence that is compelling and with great merit. I already posted what evidence I had here for the main pending claim. Each piece could stand alone,in my opinion. But each piece is corroborated by other medical and legal evidence.I sent.,from other sources to include the VA itself. I prepared this claim the same way I prepared my original FTCA.1151 claim and every other claim I have had. All I want is for my VARO to finally extend to me 38 CFR 4.6 right off the bat. 38 CFR is NOT a DTA reg, it is basic established VA case law. And also maybe Ms Hickey can find out why VA opened a new DIC claim for me..... Corroborating evidence is not evidence that is immaterial or redundant. It is medical and/or legal documented evidence from different sources ,that supports the premise of the claim and supports the basis of the other evidence.. I think this reg is the cat's meow! I should have used this reg in the past and failed to do that. "4.6 Evaluation of evidence. The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law. 38 CFR 4.6 It is a CUE when the VA fails to consider our probative evidence, and does not list it at all in the Evidence list or mention it within the narrative of their decision.. . Edited January 21, 2015 by Berta georgiapapa 1 Link to comment Share on other sites More sharing options...
SergeantQ Posted January 21, 2015 Share Posted January 21, 2015 Well, I sent Allison an email yesterday and got a prompt response this morning. She is on it! If nothing else but to just check on my appeal status that has been looming since December 2012. She said: Thadine, I noted by your note that this is an appeal - not a claim. As such there are two different organizations that work these two different issues. I will ask for the status of your appeal and ask them to share that information with us both. Hey, this works for me and guess what, I just found me another Hero! Again, i'm not expecting a miracle but I certainly appreciate the response. Thanks BigSarge for posting and i"ll keep everyone posted. T thrill101, VetlawUS, georgiapapa and 3 others 6 Link to comment Share on other sites More sharing options...
mojo13 Posted January 21, 2015 Share Posted January 21, 2015 Can someone please give me her email ???? Allison Hickey that's is/. SergeantQ 1 Link to comment Share on other sites More sharing options...
SergeantQ Posted January 21, 2015 Share Posted January 21, 2015 Mojo13... Her email is: Allison.Hickey@va.gov Good luck!!!! I didn't mention any names, I just said, my fellow veteran gave me your name dot dot dot... Get it? MarkInTexas and Pete53 2 Link to comment Share on other sites More sharing options...
me.plum Posted January 22, 2015 Share Posted January 22, 2015 Unbelievable is spot on ! Don't mention any names, no hate mail. I just said who I was and what my issue was and the next day I get a email from the honorable Mrs. Allison Hickey saying she will look into ,why my appeal is so old?why over five years at BVA? Also gave me a contact name from the BVA who will let me know about my claim. WOW!! Unbelievable after almost nine years emails from the top. My claim was put in 11-01-2006. SergeantQ, NavyWife, georgiapapa and 1 other 4 Link to comment Share on other sites More sharing options...
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