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Update Absurd 1151 Denial


Berta

Question

This will be an interesting day.

Due to 2 email responses I sent to the Director of my RO, this weekend ,she sent me an email stating she is sending my claims to the VA Central office for a medical opinion on the 1151 claim.

I dont know what they will do with the pending CUE claim.

Friday she emailed me that both claims had been denied. I only received the 1151 denial and of course I got on that right away, asking them to CUE the decision immediately and telling them why it is legally and medically wrong.

I also sent her a complete rundown from www.healthgrades on the VACO opinion I used as evidence fo the 1151 CUE (prepared for my FTCA case)

This cardiologist has 2 separate board certifications and an impeccable background in cardio, HBOP, and all related cardiovascular illnesses.

So I already have a VA Central Opinion.They have it too.

I think she did this because yesterday I asked her to attach a copy of their 'medical' opinion in email to me because, as I told her, I would be contacting General Counsel today.

The GC asked for the VACO opinion I have regarding my husband's HBP malpractice.They never questioned it and it was a small part of the malpractice claim.

This specific VACO doctor still works at VA Central.

This Am I asked the RO director to email Ms Hickey about this idea she had ,to send it all to VACO, or I would,

prior to them sending my stuff to VA Central.

Does this make any sense at all? A VACO review on 2 decision denials that are less than a week old?

I know they buggered up the CUE claim already. Cant wait until that gets here.

I guess it is easier for my RO to get this off their hands, ( so they think) than to actually honor basic VA case law and regulations as well as M21-1 MR....and actually read the evidence...

Has this happened to anyone else here?

Do we have any other Buffalo NY RO claimants here.?

I know Caravan Dav has issues at Buffalo but they are not at all similar to mine.

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PS, this RO did honor my last CUE yourself request in 2006 but I already posted here how my former NY state vet rep screwed that all up.

Also they honored a similar request that Regional counsel filed CUE on against them when he caught something in my C file they would not answer me. on.....they completely ignored my claim on this matter , which was not really a claim.....long story and I did raise CUE at that time because I thought they would rectify that. They didnt.

The RC of my VISN did.

It cost them over 40 thousand dollars, they owed me due to a financial error.that he ordered them to pay me.And they were order by the General counsel to pay me 59 thousand on another issues a few years ago.

So, here I still have a pending valid CUE , with a timely NOD filed as well as NOD extension request because the cued statement is legally incorrect.and I have not received the denial the director said Friday would be in the mail....The CUE was filed prior to the 1151 claim....

and that too is going to VA Central? A CUE claim??? never heard of that before....

The only VA Central opinions I am aware of are medical ones.

If they mean General Counsel at VACO that would be WONDERFUL!

Maybe I should have sent my VARO a caseload of "Reading for Dummys" years ago.

A caseload of the VBM by NVLSP sure wouldn't help, if they cant read.

Edited by Berta (see edit history)
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