ptsd Won Cue Now How To Get Retro For Dependents

[RodnAnn]

I won my CUE all the way back to 1990 & was granted 30% for PTSD. Now how do I make them pay retro for my two children that were still in school at the time and for my wife. My daughter was 6 and my son was 14. Do I have to file a NOD for the retro payments for them ? Anyone ever had experience with this issue? I appreciate any input. Btw my wife was added as a dependent in 2008 when I was able to reopen my claim for PTSD.

[Tbird]

Great news. Others will chime in on the dependents thing, but I'm guessing they will drag their feet on the issue, I would love to be wrong on that.

[Okichewy1]

The biggest question is when did you add your kids and wife to your claim for VA disability? That will determine when they would start paying you I would think. If the VA had the dependent claim and paperwork to verify the members back in 1990, then it seems you would be good all the way back to then.

After reading your post, your wife may be included in the CUE claim. If she was added during your re-open claim and that is what you called CUE on, then check to see if your pay is with wife only.

Good luck, others will chime in soon

[FormerMember]

When I won my claim back to 1994 last year, I got an audit. They gave me an accounting of my kids and the payments until each turned 18 and timed out (1995 and 2005). My dependent info was already a matter of record so it wasn't too difficult to accomplish. If you did not have your children/ spouse data/SSNs/Birth certificates in with the 21-526 back then, it's possible you will have to untangle it. A quick call to Allison Hickey or Call me Bob might make it happen in a shorter time. Congratulation, sir.

[Berta]

The VA will pay for dependents under the CUE....they did on my 2012 award with no problem for my daughter.

However I had reminded them (this was the Nehmer VARO---my RO cant read) that they had evidence of her school attendance up to graduation, her birth certificate, and also proof that she became a member of the Armed Services the same year she graduated.

She was, as a stepdaughter, on my husband's comp since 1986.

When they figure out how much they still owe me under separate CUE (I filed CUE on a CUE award) they hopefully still have that info and do it right.

I had to contact MS Hickey to even get this claim out of a 2 1/2 year old dust pile for my VARO to even adjudicate it.

In my emails to MS Hickey since I made sure I stated exactly what they owed me (16 months I think and even the director was not sure )because the last award audit was difficult to interpret, 100% P & T plus SMC for deceased vet (accrued, with one wife, one child, plus SMC S.-what they paid me before for 6 months accrued, in 2010 so they did that part right---I think----and the award should be the same.

The award...they awarded the CUE but gave me a ridiculous statement that they could not pay me any more accrued.

No reg and no ratioanle whatsoever in the decision.

The director gave me a reason by phone and it was absolutely ludicrous.I emailed not only Ms Hickey but also Secretary Bob.

And told them my RO still fails to read my evidence and continues violate 38 CFR 4.6..

I am certainly fighting back on that.

allison.hickey@va.gov

[Navy04]

Congrats on the good news, and great advice given above. Enjoy your weekend my friend, and God Bless!!!

[RodnAnn]

Thanks to all who commented. My children have never been included in any decision granted by the VA because they were already out of school when VA granted my claim for the first time in 2008. My wife is included as a dependent now and has been since 2008. After looking at the audit and comparing what we could go back to (can only access to 1999) it looks like they didn't pay for any dependents. Hoping to be able to figure this out soon. The amount should be more than a few thousand dollars! God Bless all of you and enjoy the rest of your weekend.