Cue Won As O F03/27/15

[RSG]

Please folks tell me something, I won my CUE with the BVA as of last Monday.. Got my earlier effective date of May 7 ,1969.. Now what happens when the VA has to pay retro back to that date.. I do not understand how this works. And how they make a determination of how much they owe me. The records say 70% from BVA decision in 08 and BVA decision in 2010 set to 100% IU retro active to 04.. The claim has no been sent back to the RO..

Now what happens?.. Please respond..

RSG

Edited April 2, 2015 by RSG

[broncovet]

At least in My RO, They take their sweet time, if they implement the decision at all. Im still trying to get the RO to implement a 2012 BVA decision. I appealed the BVA decsion, and they agreed with me in 2013 signing an agreement to same. After 2 years I still have not gotten all the money. I contacted Ms. Hickey, and seem to be making some progress, but will be filing a writ of mandamus to compel them to do what they were required to do in 2013, if I dont hear something in a month.

You have to fight them every step of the way, even to get them to do what is legally required. MY RO is really really messed up. Chris Attig says its the Worst RO in VA.

[RSG]

Guess what I am asking is do they take a present rating or do they recalculate everything from that date or do they just start over requiring more disability info.. My RO is Wichita,KS

Edited April 2, 2015 by RSG

[Berta]

WOW RSG, long time no see and here you are with a CUE AWARD!!!!!!!

"Guess what I am asking is do they take a present rating or do they recalculate everything from that date or do they just start over requiring more disability info.. My RO is Wichita,KS"

They will go back to the decision that contained the CUE and possibly do a Fenderson rating, that is a Staged rating.

"The records say 70% from BVA decision in 08 and BVA decision in 2010 set to 100% IU retro active to 04.."

You will need to access the historic rate charts at the BVA web site.

I printed them off for my 2012 CUe award, but it sure was difficult to fogire out how they paid me under the CUE.

It was 100% and would have been harder to figure out if their had been the need for Fenderson ratings.

Obviously in 1969 the rating should have been at least 10%, because they awarded back to that EED.

So there is a percentage at the point up to the 70% and than the 100%, plus dependents if you have some.

but you have to consider that they will deduct any comp you already got from the CUE retro.

So they do re calculate but unfortunately they can make many errors when they do that.

In my FTCA DIC offset they missed 40 thousand bucks many years ago that they still owed me.

When you get the decision there will be an audit (sort of) and we can help figure that out.

Asknod is the SMC guru as well as the Fenderson guru here.....

"The claim has no been sent back to the RO"

Do you mean now instead of no?

FANTASTIC News for the Holiday Weekend. Even though the retro will take time, I sure hope you and yours have a wonderful stress- free Easter...

Yes the BVA puts clues into their decisions sometimes.

A clue they gave me on a older claim, brought me a lot of ancillary benefits when I pursued the clue...

That is when I finally listened to my daughter, a veteran,in 2003 and re opened my claim for direct SC due to AO DMII.. It trumped the 1151 DIC I was getting.

BTW no diagnosis or treatment at all for DMII in muy husband's VA medical records.

NOTHING is impossible.

[Berta]

PS, RSG, are you Ron and was this the CUE claim I wrote for you in 2009?????

Reason I ask is that I have been thinking of you and that claim lately.....for some reason and tried to find anything on it at the BVA.....

Boy regardless if you are the same vet or not I am just thrilled.

Maybe I should post that template here (if it ewasnt your claim, because the worst CUE claim of all, is the one that was never filed.

CONGRATULATIONS!!!!!!!!!!!!!!!!!I am so happy for you.

[Berta]

Here is the Historic rate charts but they only go back to 1992.

http://www.benefits.va.gov/compensation/resources_comp01.asp

Some of us here have more charts, I think I have them back to 1988 and we can try to help figure out the retro when they send you the decision.

Gee, I wish I could attach here the nice Easter cake I made so all of us could have a bite and enjoy this BIG victory RSG has had.

Wel done RSG, well done!

[RSG]

Yes, I am Ron, and now was the word instead of no...and the one we worked on was denied.... I did another and it was denied, I finally had to hire an attorney...This was approved.. The decision says nothing but an earlier effective date was approved...It said something about Maximum benefits but the attorney said that that meant nothing..I seem to have to get 30 years of records from 69 to 91, if I don't have those he says I will get nothing...0%..All doctors and records for those years are dead and records destroyed I am sure. after 46 years of fighting what do I do..

Edited April 2, 2015 by RSG