Cue Claim Denied Sarturday, Awarded Today But.......

[Berta]

I received the CUE "denial" ,as the Director of my RO in email told me Saturday this claim had been denied.

,"it states the CUE under 1151 "was granted with an evaluation of 40% Right lower extremity weakness effective March 1,1993, to Oct 14, 1994, entitlement to accrued benefits CVA under 1151, for right upper extremity weakness, granted with evaluation of 30% effective March 1, 1993, to October 14, 1994."

That was almost what I wanted. There was weakness of the left extremity as well rated I think at 20%...will check that tomorrow in the old 1998 decision..

It then goes on to say

"Please Note, that although after the 6 month period the cerebralvascular accident under 1151 became two separate disabilities ,this did not create a change in evaluation for payment purposes , as the combined rating for accrued purposes remained 100%, and entitlement to accrued benefits for special monthly compensation based on housebound criteria remained unchanged."combined rating for accrued purposes remained 100%, and entitlement to accrued benefits for special monthly compensation based on housebound criteria went unchanged. ."

"Thus no additional accrued payment is owed."

Say what???????

But I won the claim...and it contains another CUE.!

If they didnt owe me money they could not have granted it, because there would have been no manifested outcome detrimental to me.

My medical and legal evidence which had been established in the veteran's lifetime warranted 100%

in his lifetime. In 2012 they paid 6 months at 100%,plus SMC , for the veteran, for me and one dependent child. They owe me from March 1, 1993 to Oct 14 1994. (100% P & T and SMC for the veterabn, me, and one child.

NONE of my legal/medical established evidence submitted with this CUE as to my husband's continued 100% from March 1993 to Oct 1994 was mentioned or listed as evidence.

It clearly supported the CUE.(I posted what that evidence was already here...Impeccable.prime facie...)they are not disagreeing with the 100% p & t rating, March 1993 to Oct 1994, .they "granted" the CUE...they apparently dont want to pay me the additional accrued they owe me and nothing in the decision says why.

Under this statement

It then goes on to say "the combined rating for accrued purposes remained 100%, and entitlement to accrued benefits for special monthly compensation based on housebound criteria remained unchanged."

It then says :

"Therefore no additional accrued payment is owed."

Say what? no regulation or explanation whatsoever for that.

I am as eligible for accrued benefits as I was in 1997, and 2012 when I was awarded the mc cue CLAIM THAT ALL THIS IS BASED ON.

After being emailed by the VARO director Sunday night ,that this claim had been denied, I am astonished (and jumping for joy) on having more proof that these people cannot even read.,let alone handle VA case law and regs.

This will get more interesting by the day.

My USPS man calls me the Amazon Queen, I think that was an old Humphrey Bogart movie.

I buy a lot from Amazon.com

I better tell him he should start calling me Cinderella instead because I apparently have some very mean step MOTHERS at the Buffalo VARO. But I know a Prince will eventually show up and shove my ignored evidence in their face.

Aint this the shits?

If their 2012 decision I filed CUE on did not have a financial outcome that I was due, they could have denied the CUE on that basis.

BVA does that all the time ( 'no Cue exists if there is no manifested detrimental outcome')

But the CUE I filed in 2012 was granted in this decision. and

Edited March 9, 2015 by Berta

[carlie]

Berta,

Just plain old - POOP - all over the place !

[Berta]

Actually Carlie....I am so used to fighting with the VA for 2 decades

that , although I am tired of it, and it is very time consuming,

I also Love it.

And I will Prevail!

This is as bad as the bogus 1151 they denied Saturday and want to send to VACO for another medical opinion.

It already has a favorable VACO opinion.that they did list as evidence.

Who'se on 1st

[ketchup56]

I'm feeling what you are feeling like these people do this because they are downright illiterate and incompetent and purposely do shit like this on purpose. On Friday i get an email from my regional director that a expedited soc is being sent but at the same time she's sending my files to VACO general counsel for another review. Still haven't got the soc yet so who knows. I'm fighting a unadjudicated claim from 1983 that was awarded service connection 05/2014 but they don't want to give the earlier effective date. So I know how you're feeling but I don't have to tell you to hang in there being you're the expert on the bull shit vba puts out.

[Buck52]

Get'em Ms Berta!

..............Buck!

[free_spirit_etc]

Do you think they just muddle things up to try to confuse you? Or do they muddle things up because they are confused?

[Berta]

I actually woke up at 2 AM to read this decision again....it is so unbelievable.

I predicted to Ms. Hickey this claim would be screwed up too.I emailed her yesterday that these issues and the responses from my VARO

are starting to border on the Absurd.

Free Spirit..I think it is both reasons. As well as a deliberate stall because they owe me money.

Ketchup said:

"On Friday i get an email from my regional director that a expedited soc is being sent but at the same time she's sending my files to VACO general counsel for another review"

Is this for a FTCA case or a Section 1151 Peer Review?

Is your RO director from Buffalo VARO?

How many other VARO directors are sending stuff to VACO that should probably not need to even be there in the first place?

And doesn't that show they have no control over the reckless ways some of these claims have been handled?

If more vets and survivors start complaining via email to Sec Bob or to Under Secretary Hickey, with valid complaints as to the adjudication of them, ,

the upper echelon of VA will start to see what claimants deal with.

I certainly am not putting up with this crap anymore.

I am collecting ALL of the ridiculous decisions I have gotten over the past 20 years, to figure out the best way to use them for other similarly situated VA claimants. I think my Chapter 35 was the only claim they didnt screw up.

But they did screw up my daughter's Chap 35 claim. She is a veteran.

I sent the Under Secretary the email from Buffalo in which the director said both of my claims were denied.

I asked them to CUE the 1151 denial already.I sent the CUE to Ms Hickey at VACO as well.

My RO director apparently didn't even understand that the decision clearly says my CUE was "granted."

I cannot imagine why any RO director ,who I assume has leadership ability ,and might well be a veteran themselves,

would want the VACO (VBA,OGC, and VHA are all umbrellaed within VA Central Office)

to review probative claims and find out just how incompetent their RO claims employees really are.

If other ROs have done that as well,due to our complaints to Secretary Bob and to the Under Secretary,,

this might become the BEST thing that has happened to us victims of illiteracy and incompetence at the RO levels ,in decades!

VACO will know and then , as likely as not, Fox News will find out.