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]

John, you did not say if you were using an attorney.. If you are not using one, I would . I know it's not monetarily beneficial. Maybe another pair of eyes would help. My attorney finally got the VA to read what is in black and white.. After 46 years of the BS and I still have to fight even though they already know they are wrong and always have been... I know now I am going to have to have another fight, even though I should not have to...The whole situation with the VA needs to change, I think they need to hire people that actually know what they are doing and understand what they are reading......

Edited April 7, 2015 by RSG

[WVSERVER]

I for one feel that the calamite of the VBA is built into there system it not that they can't read. The way veterans are treated by both the VAM and VBA is budgetary for the most part and no one wants to come out and say it. For example when a 100% P&T/SMC vet dies it makes room for a few more vets at a lower rating but this is just my opinion since no one tracks how many SC vet die to how many initial claims get approved. I would bet the number correlate.

[RSG]

I really do not let myself expect much from this CUE now, after listening to the attorney and some of the things in this post, absolutely boggles my mind....This whole deal is getting very depressing...I am glad however that at least, Maybe winning this claim, I have made it easier on vets in the future and the VA will benefit them as it should. I would hope so, because I would have hated to go thru this 46 years of BS for no reason....At least knowing I might have helped somebody else, even with no monetary return on this claim, makes the deal go down a little easier, no matter which way it goes..

thanks all. RSG

[john999]

I used an attorney from the day I filed my first NOD back in 2005. My attorney was at all my hearings up to the federal court. We both thought it was a slam dunk. How wrong we were. RSG, your CUE is really strong it seems to me. The VA clearly made a gross error in your case. It is the kind of glaring error that qualifies as a CUE. In my case they made a gross error, but the system allowed them to cover their butts. I think that even if you get initial low ball staged ratings you will get a good pay day. If your lawyer does not want to fight you can pay him off and fight for a higher staged rating.

[RSG]

Yeah, the claim was all an ERROR on the VA's part...It was plain and simple, black and white, also stuck out like sore thumb...It is obvious some employee just lied...Any of the VARO's just don't and didn't understand, or chose to ignore the facts...with everything the VARO's were preaching about all the denials was all just their intimidation routine...I just did not let that happen, I continued to fight because I was right...Like I say, I don't know if it will help others, But I hope it does...

[carlie]

RSG,

The way I'm seeing it - there should be a very good retro amount due.

jmho