ptsd Fully Developed Cue

[SigBnSoldier]

Submitted CUE to Los Angeles RO on 5/6/15.

Evidence included-

7/21/2004 VA Form 21-4138 stating I was homeless with no mailing address at the present time

10/21/2004 Denial Decision letter mailed to address I had told VA I no longer lived at.

01/19/2005 2nd mailing of denial decision letter sent to the same wrong address again. This time RO handwrote in "C/O New Directions" but sent the letter to the same wrong address.

08/31/2004 Social Work Progress Note from VAMC stating place, address and phone number of new address in Santa Barbara I could be located at

11/10/2004 VAMC Los Angeles inpatient progress note stating I was returning to Santa Barbara.

01/19/2005 VAMC Los Angeles discharge summery note stating I was again returning to Santa Barbara Rescue Mission.

21-4138 Stating VA failed to follow proper mailing procedures and did not provide me with appellate rights. That I later, in 2012 won service connection for PTSD with Bipolar Disorder, and that effective date of 4/13/2012 was clear and unmistakable error, as well as the other contentions of that 2003 claim remained appealable.

So folks, do you think I've rebutted the presumption of regularity with this CUE claim?

[Andyman73]

Have you contacted a lawyer? Seems like the VA is lookin to out wait you and run you dry.

 

[SigBnSoldier]

2 hours ago, SigBnSoldier said:

Alex, you around?

Anybody want to weigh in?

Yes Andyman, I've spoken with Katrina Eagle, who thinks I should wait for BVA denial first as there's about 250k retro on the line.  If BVA awards that's a huge chunk to the attorney.

The questions I had, can anybody advise?

1.  How legal and specific do I need this form 9 to be.

2.  I do not want to wait around for an SSOC, I have new evidence, should I send a waiver with the new evidence and the form 9?

3.  Should I request a hearing, or do I want this fastrack to CAVC?

[Berta]

Tell them exactly why they are wrong on the I-9, and in my opinion, I think you should try another lawyer...just for a second opinion,or two or three.

Tell them this:

"In evidence listed it did not have my argument for VA disregarding CFR 3.170, protections afforded to homeless veterans, nor did it address my argument for equitable tolling due to homelessness and mental illness."

 

State the exact regulations or any CAVC cases that could bolster your claim.

[SigBnSoldier]

Thank you Berta.

[SigBnSoldier]

UPDATE-

Received a call from the RO today after sending another email to the Secretary McD.  See, i'm scratching and fighting to have this thing kept at the RO.

 

Discussed with the VA rep that the DRO gave no substance to his/her SOC, and that it was riddled with date and content errors.

I asked the rep what was the real reason for denial and he said, "The remailing of the decision notice was not returned to VA as undeliverable like the first notice was." 

With that I knew I'm going to win this!  I gladly pointed out CAVC panel decision BOYD v. McDonald (2014) and therep said he'd not inly be seeing if a different DRO would review this and see if he could grant, but also said if the DRO still couldn't grant he could get me in for a BVA video conference in November.

Talk about a tailwind there Alex!

 

[FormerMember]

You'll win it based on Presumption of regularity of the mails being rebutted. Simple Case Law violation. No DRO or even the Director has that signature authority over $25 K either. They have to punt on 4th and long. Sadly, it's going to have to go to the BVA so no careers are ruined at the AOJ.