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

[Berta]

"As this finding grants service connection stemming from the original May 7, 1969 claim, the maximum benefit available
has been awarded and discussion of whether there was CUE in the 1972 and 1991 decisions is moot."

That is exactly how you said it before Ron, and I am dumbfounded by what the heck they mean.....
do they mean they owe you the maximum benefits or do they think you already got it????

This is very odd wording they used.But here they are correct------

"in order to prove the existence of CUE, a claimant must show that an error
occurred that was outcome­ determinative, that is, an error that would manifestly have changed the outcome
of the prior decision); Hines v. Principi, 18 Vet. App. 227, 235 (2004)."

As you know I found a similar issue over my husband;s HBP under 1151, they denied it in March , then reversed.last Thursday, but said they do not owe any retro.
So why did they even develop it as a CUE if no money........

The thing is ...I filed a CUE claim prior to the HBP 1151 claim IN 2012, and that DOES involve retro.

They granted the CUE but said in that claim as well that they dont owe me any money.I posted their statement somewhere here yesterday ,It makes no sense at all.

I can well accept that,as to no retro on the HBP 1151 , when they proper resiolve my other CUE.
But realized last night they DO owe me retro on it.

yesterday I emailed MS Hickey AGAIN, and told her they ignored every single piece of my legal evidence for the main 100% 1151 stroke CUE claim and that they not only did not consider my evidence under 38 CFR 4.6, they also do not understand that when someone dies with 100% rating, their death makes that a P & T rating, unless the VA can completely cure them of the 100% or TDIU, the day before they die.

Perhaps when VA gets my issues resolved I will have something in their decision that will help you.

Like you I have valid CUE issues , they granted those CUEs but say no retro.....

VA was suded in Federal COurt the other day for 21 million because of a stroke they caused.....same thing in my husband's case.
I won under FTCA but that was not all that is available to survivors of malpractice.

I am sure your lawyer will go over the evidence list they used because the decision does not make any sense at all.

I guess you expect a letter from the RO as to what the heck they mean?

We deal with illiterates! That ,in itself ,is a violation of our rights.

[RSG]

Yes, they are illiterate. I seriously hope these jerks do what they are supposed to, but as usual the VA makes you fight for what you earned, Even though they have been proven wrong in their decisions multiple times.. Just pisses me off when you have to do this.. I can not see ant justification or reasoning on the VA's part.. Seems if they approved an earlier effective date thru the BVA, the RO would have take those decisions and roll with it.....I guess that idea is just dreaming....

Edited April 7, 2015 by RSG

[Buck52]

Congratulation RSG

I hope you get all your retro & thanks for sharing, your case will sure help other veterans in the same situation!

...........................Buck

[georgiapapa]

RSG,

The VA should be required to pay you interest on the retro. I had to pay in four years of retirement contributions plus interest in order to receive retirement credit for my time in military service when I went to work in a civilian job for the federal government in 1978.

When you owe the government money, you may have to pay interest. If the government owes you, you do not receive interest and they often take their time paying you. Is this fair?

GP

[RSG]

Yes they should pay interest, but this organization never does everything they are supposed to, even when they lose, the VA still makes you fight for what they owe you..When they consistently lose, they just make your life more miserable by messing with the rest of your existing benefits..The VA never proves to be fair, EVER !

Edited April 7, 2015 by RSG

[john999]

I have a CUE claim that is at the federal court right now. It originated in 1972 when the VA did not include my private doctor's report in the rating decision. My doctor said I was 100% disabled in 197,2 and the VA said I was just 10% disabled. I failed to file my NOD on time due to the fact the VA sent my decision and appeal rights to the wrong address. The CAVC relied on the rules before 1990 that assumed that all evidence in the record was carefully considered by the VA before they made a decision. Well, of course, the VA did not consider my private doctor's records even though he treated me for six months prior to the VA decision. I saw a VA shrink exactly one time for about 10 minutes as an in-patient All my doctor's records, DX and Prognosis were right in the file, but the VA never even mentioned them in their decision. I lost at the VARO, BVA and Court of vet Appeals. I have been fighting this CUE since 2006 and it has been on appeal constantly. My CUE is not as tight as yours RSG . Right is right, however. When it is completely obvious and clear that the VA never even looked at my private doctors records and statements you would think someone would use common sense, but that is not how it works. I had tons of in-patient and out-patient SMR's to justify a higher rating than 10%. I spent two months in a military hospital. I had six months of out-patient treatment while in the Army in 1971. Those records disappeared as did 80% of my medical records. I did not even get a discharge physical. The Army just made one up via doctors I never even saw. I was taking anti-psychotic meds when they Army suddenly decided to kick me out as a Personality Disorder. I never got copies of my records until I filed a claim within a year of discharge. If I had not have done that I would have gotten nothing I am sure. The VA then used the logic of the original 10% rating to deny me increases for 20 years until I got lucky at a C&P exam and got a 30% rating. Eventually, after I started posting on Hadit I got 70% in 2001 and then TDIU P&T retro to 2001 back in 2003 I think. Since then the VA has increased my ratings by 80% including housebound. All my wins were due to Hadit and IME doctors. I was so dumb and trusting. Why I trusted the VA to be fair I don't know?

However, congrats on your CUE win and beware the staged rating you may get for the years after 1969. Your lawyer should fight for a higher rating following the CUE. It benefits him in the retro department for you to get a higher rating for those years between 1969 and now. Were you in treatment the last 40 years. I was and am in treatment since 1972. Until I knew how to get a good IMO/IME it did not help with a rating. Even if you just show up once every two months for a mental health med check stay in the VA system. This will help you keep that 100% rating.

John