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

[RSG]

Navy Physical Evaluation Board Review before discharge...

[broncovet]

Congratulations.

A 1969 CUE should be a massive Retro, even if it is "staged" like Berta suggested. I count 46 years of retro. The retro will be calculated each month:

1. What is the rate of compensation you are entitled to (each month), including dependents? They dont pay you all at todays rate, they pay you at the 69 rate in 1969, the 70 rate in 1970 and so on to 2015.

2 Subtract anything you have already gotten paid, each month. Repeat this for about 552 months and add it up.

I dont know what you have been getting paid, but this could easily be 7 figures, that is, a million dollars or more.

[RSG]

Well I understand what it should be according to We vets...The VA never does anything the way they should in my claim...That's probably why this had take 46 years to resolve..

Because they have propagated a lie for this length of time.. They have done nothing more than intimidate, as well as the other VSO's, that is why I did what I did and kept filing

claims for this...Sure wish I had some idea, of what they are really going to do...They attorney say's they may not even contact me for months...Then they come back and low ball you as usual..

RSG

[Berta]

Do you feel comfortable telling us who your attorney is Ron?

His name will be public knowledge anyhow when the BVA adds the decision to their public web site.

I am concerned over this:

"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."

Nothing?

A CUE always has a monetary value. If it doesn't they dont award it, but it seems like you and I are in the same boat.

On March 6 I got a decision on a CUE claim I filed in Fall 2012.

They awarded the CUE.

It resulted from a PAST CUe I filed that garbnering 6 months P &T 100% and SMC under 1151.

The CUE I filed in 2012 was for the additional 16 to 22 months of accrued benefits they owed me based on all medical evidence and even a letter my husband received in his lifetime from a former VA Secretary.

I am still eligible for accrued benefits.

Their brief statement says

"Please note that although after the initial 6 months period ,the cerebral vascular accident

became two separate rated disabilities this did not create a change in evaluation for payment purposes, as the combined evaluation for accrued purposes remained at 100% ,and entitlement to accrued benefits based on schedular housebound criteria criteria went unchanged.

Therefore ,no additional accrued payment is owed." Say what??????

The HBP 1151 CUE I won Thursday (no letter yet) per the Director, said awarded but no accrued...

(That would be correct if they had paid the proper accrued under the CUE claim.

My point is, it seems that both of us are getting CUEs awarded with no retro due?????

I am aggressively fighting back on my decisions.

The VARO director even told me last month I didn't need to file a NOD on the 2012 100% 1151 CUE claim...

Of course I had to.....And they are stuck with that now....

"But it also say that my EED was awarded back to MAY 7,1969, so I guess we will see what happens...Hoping they just take the 70% and make it retro to that date....Dreaming probably."

Maybe the lawyer means you have to give them enough medical evidence to warrant a staged (Fenderson rating)

Can you scan and attach the BVA decision here (cover C file # ,name , address, before posting it.

Edited April 6, 2015 by Berta

[RSG]

Hi Berta,

As far as the Claim you wrote previously, I think it said pretty much the same thing as you did, just in a more concise format.. The reason the VA keeps denying me is because they don't know how to read in Wichita, or anywhere else for that matter...That is the whole problem with my claim,

is they never read it.. As I keep saying, the VA just lied right up front and I think that you know why.. They didn't think I served long enough to warrant any Benefits....I will post the decision later, I am trying to eliminate all the personal stuff.. The attorney is Daniel Krasnegor, He has supposedly worked for the VA system in the past...He is in Virginia, he says he has 11-14 years experience in the VA system.. I don't like this guy very much..

Edited April 6, 2015 by RSG

[Berta]

Gee, he is pretty good, as far as I know.

Ron, You hit the nail on the head...they CANNOT read! Or worse yet, maybe they can but just do not want to.

I wonder if they overlooked some of your legal evidence.

In March I contacted MS. Allison Hickey because I had heard nothing from the VA regarding 2 claims I filed in 2012.

I also asked for her assurance that my evidence would be properly considered under 38 CFR 4.6.

In the CUE claim award, for the 1151 100% they listed

My DIC app of 1995 to make sure I was still eligible for accured. I am.

My husband's death certificate

A VA letter July 2011,which seems to have no significance to the claim at all

and their 2 rating decision of Jan 6,2012 and March 6,2015

I had 13 pieces of prime facie legal evidence.! All ignored.

I am waiting for the VACO person they said would review this claim..I dont think he did, and cant wait to see what response I get from him before I contact MS Hickey again.

I have had some large 5 figure awards from my VARO over the past 2 decades.

But I had to fight over every single one of them.

They know when it appears they owe retro and if it is more then they want it to be, they try to give us a hard time.

Krasnegor....I spoke to him by phone once or twice or in email about maybe one of his CAVC cases.

I think he knows his stuff.

The VA however can make us paranoid even over the reps and lawyers who do try to help us.

The director again said that my CUE hinges on the Temporary 100% status.No it doesn't.

Temporary 100% my ass.

If a vet dies with any 100% disability ,then that disability is deemed as P & T, as it lasted the lifetime of the veteran.

(Unless VA completely cures it the day before they die..yeah right)

ALL of my 13 submissions, C & Ps, letter from former VA sec, Student loan P & T status ,Voc rehab letter etc etc etc....

was completely ignored by the RO even though they went over these submissions from me via a phone call and I again listed them on the 5103 letter.

No wonder I felt they had already decided the claim the day the called me last month to verify they had all of my evidence.. They did,by violating my rights AGAIN!

That's OK . I am willing to play their war game until I win.

Edited April 6, 2015 by Berta