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
Question
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 by BertaLink to comment
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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
Berta
Ketchup I found your docket# in an older post Docket No.12-05 464 The remand in part states: Furthermore, one week following separation from service (January 1983) the Veteran applied for VA dis
Berta
Yes, General Counsel ......the smartest sector of the VA, (but I also think that of the BVA as well.) Although I had quite a battle with them years ago and then a minor skirmish a few years ago (
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