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?

[SigBnSoldier]

Berta, you're awesome!  I went through my copy of claims file, and in it is the original paper copy of 21-526, and yes, on it, block 13a. What is the name of your nearest relative or other person we could contact if neccessary?  MY DAD

13b.  What is his/her telephone number? MY DAD'S #

13c. What is this persons address?  MY DAD'S ADDRESS.

 

So, is there anywhere that says they should have mailed notification to my dad, or at least called him?

[FormerMember]

Personally, I would. I was ghost repping a couple down near Ft. Lewis on their SC for Hepatitis. They stlll had AmLeg on the POA but he was a regular no-show for everything. They went to the BVA Videoconference w/o him and he got pissed even though he was the one who blew them off. When we got the BBE with the 100 for Hep and another 40/20/20/20/20 on DM2 and peripheral neuropathy, he cold calls them. Says "Hey, how bout them apples? So when can you all drop down to the Post for some pictures for our trophy wall? No everyday a guy gets a Vet SMC S right out of the box. We're mighty proud of ourselves. We've never had a case quite so complicated like this one."

I hate that when that happens.

As for closing out a CUE claim, it sounds like it wasn't plead with enough specificity. Hard to say without seeing a complete file.

[SigBnSoldier]

UPDATE-

Just received a call from a VSR at LA RO.  He told me a draft decision would be done by tomorrow morning and proceeded to talk about filing a form 9 "if" it's a denial.  

My feeling is it's a denial at the dro level, and on to the BVA.  But we'll see.  He did say several times he didn't know if it was a grant or denial, that DRO was writing the decision still.

Crossed fingers but no high hopes.  Will update later.

[SigBnSoldier]

Peggy confirms SOC is on the way.  No partial grant either.  

So, I have new evidence to submit with my form 9, but don't want to stay in the RO purgatory waiting for an SSOC.

Should I send a waiver of RO consideration with the form 9?

I currently have DAV as a POA, but they've never done anything for me, I've done all my claims and appeals.  I want to ditch them too.  Any advice on how to do that before I return the form 9? 

I can't wait to see why the DRO denied this...

[broncovet]

Yes.  I would send a waiver or RO consideration, even tho newer case law suggests the waiver is not always necessary.  

I agree with Alex...its pretty much "above the RO rating specialists pay grade" to award eed's exceeding 100k, so the idea is to get it to the Board as soon as possible.  If you are still homeless, you should get an advance on the docket if you so request one.  

Frankly, this will most likely be decided at the CAVC, so start lining up an attorney to represent you.  

Dont worry too much about attorney fees:  Once you have a board denial, the attornies generally take those cases for EAJA fees only, so it does not cost you money.  

[SigBnSoldier]

Thanks broncovet. 

I haven't been homeless for 6 years so that's definitely good!

I've spoken to an attorney previously recommended by Alex back when there were two contentions.  She said I should really think about whether I wanted her help at that point because she'd get 20% and she felt I had it won on my own.  I did win the asthma portion and got 30% retro back to 2004, but the ptsd with bipolar disorder part was ignored.  

Okay, going to try to revoke my POA, should I just mail a 21-4138 to the RO?