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?

[broncovet]

This is a fundamental problem with VA.  Its not unusual to "not have an address" when you are homeless.  Believe it or not, a few years ago VA was talking about an App on the smart phone, so homeless Vets could contact VA.  I wonder if it ever dawned on anyone that homeless people dont have smart phones, and could not charge them if they had one.  

Its just like VA.  Its like making a fish a home in a bird cage.  

If you are homeless seeking social security you go to a SS office, wait for a counselor, give em your ID, and they look you up on the computer and give you your status now.  

Why would that be so hard for VA to do?   Its a flawed system to require a homeless person have an address.  

Edited October 8, 2015 by broncovet

[SigBnSoldier]

Thanks broncovet, as always!

 

Doing some reading, and had a question for some of you heavyweights.  It seems like a rebuttal of the presumption of regularity such as my case is not really a CUE but a procedural error.

Seeing I filed a CUE claim for this, could that claim be denied completely because failure mail the decision letter to a proper mailing address is not really a CUE?

[SigBnSoldier]

Another BIG question, is the Secretary's mailing defect in the presumption of regularity cured with the receipt of a copy of a claims file?

Edited October 8, 2015 by SigBnSoldier

[SigBnSoldier]

UPDATE--

Obviously email to Undersecretary Hickey worked, even though I didn't get a response.  I emailed her on Thursday, and this morning I woke to a new rating.  The CUE claim is deferred, as it was combined with the existing claim I had with 5 other contentions.

My rating went from 80% IU P&T to 100% P&T with SMC S1.  Pretty amazed watching ebenefits yesterday go from Gathering Evidence all the way through to complete.  

No word on the CUE, I'll see if they mention it in the decision letter I get in the coming days/weeks.

 

[SigBnSoldier]

It occurred to me this morning, even though I have a pending CUE on this matter, VA just reviewed my PTSD and increased me from 70% to 100%.  Does that now open the door for a request for an EED through a DRO review?  For all the same reasons as stated in this thread?  Failure to notify me in 2004 of my denial?  

 

That's how I won my asthma EED, the CUE was denied but the DRO granted.

 

Anybody?  Have I lost everyone on this thread?

[Berta]

In a post here you made in May it stated:

"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. "

Did you appeal that EED and is that EED changed in the new rating from 70% to 100%?

Not sure how to answer your question because the ratings are based on medical evidence of any increase in a disability's  affect.

Can you scan and attach the new PTSD award here when you get it ( cover name, address, and C file # prior to scanning)

One thing is for sure....they seem to be trying to handle your issues properly (I hope)