Can You Spot The Problem

[toddt]

Have attached my decision letter, there is a problem with it. What should I do, file a NOD?

Decision.pdf

[Berta]

I apologize for being abrupt yesterday....some of us are getting burned out.

Denver

Janice Jacobs Director
303-914-5800
Fax 303- 914-5805

VSCM Mike Kubacki 303-914- 5958

They have violated this part of M21-1 MR:

(M21-1MR, Part 3, Subpart iv,Chapter 6, Section C, under (a)

a. Guidelines for Formatting the Reasons for Decision Use the guidelines listed below to format the Reasons for Decision part of the narrative.

· Support conclusions with the necessary level of analysis and explanation. For example, where service connection is being granted, state or discuss the
- benefit being granted
- basis for the grant, focusing on the in-service event and/or developments that link the condition to service
- basis for the evaluation
- requirements for the next higher evaluation, and
- basis for the effective date.
· When granting service connection, include an explanation or analysis that shows how the entitlement or disability was determined to be service connected.
· Only cite facts that are pertinent to the decision.
· Reasons for Decision paragraphs containing only computer-generated paragraphs or conclusory statements such as, “The evidence does not warrant any change in the prior evaluation,” are inadequate to explain the basis for a decision without an analysis of the credibility and value of the evidence considered.

Reference: For more information on the Reasons for Decision, see Training Letter 02-02 dated June 19, 2002.

http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CB8QFjAA&url=http%3A%2F%2Fwww.benefits.va.gov%2Fwarms%2Fdocs%2Fadmin21%2Fm21_1%2Fmr%2Fpart3%2Fsubptiv%2Fch06%2Fch06_secc.doc&ei=PZ1tVaLAAszVoATh7oHwAQ&usg=AFQjCNElhVosK3Rxh1JV1bDkCXGZUTrKUw&bvm=bv.94911696,d.cGU

You can find email addys for above Denver employees by putting their first name, period, last name then @va.gov and If they have a gov email addy, they will get the mail.

I suggest filing a CUE claim with IRIS as a complaint and also faxed to their director .

This is a claim of CUE (clear and unmistakable error , under auspices of 38 CFR 5109)

within the recent decision (dated ) I received, as the VA has not complied with basic VA case law and regulations as found within M21-1MR, Part 3, Subpart iv, Chapter 6, Section C, under (a)

(Copy and paste the above entry from M21 -1MR here).

This has been detrimental to my claim and hinders my ability to even prepare a valid NOD.

Against VA case law and M21 provisions, the RO has failed to provide me with any Reasons or Bases for their decision.

Please correct this error immediately and send me the proper decision.

(put the above link here for the above M21-1MR guideline in the IRIS or Fax.Or attach the actual M21 printout)

File it as a IRIS complaint so that VACO will get it as well as your VARO.

Edited June 2, 2015 by Berta

[Berta]

It is imperative that we act fast on major VA errors like this.

There are only a handful of members here who seem to get why I have continually rattled off the battle I am having with VA.

I wont mention it again. I am presuring them to fix it ( as I had to do MANY times in the past....CUE is a powerful regulation) last time here, it is a warning....

They gave me a ridiculous decision ( awarding part of what my initial CUE was for) but refuse to read my evidence and also refuse to pay the accrued amount. No regulation for that whatsoever in the decision..

As with Todd I got no Reason and Bases and only a phone call from the director in which she tried to get me to somehow accept a preposterous reason for the lack of accrued.

If your spouse gets a posthumous SC 100% award after you die as he/she is eligible for accrued benefits,

benefits which would make her eligible for CHAMPVA and Chapter 35 ( as my 1997 award states)

the VA can and will try to deny her those ancillary benefits by saying what they are trying to get me to believe.....

that the 100% was not Permanent.

I guess they could easily screw around as well with DIC,even if the evidence reveals the death was caused or contributed to by SC.,by saying the veteran's 100% SC rating ( that ultimately caused or contributed to their death) was NOT a permanent disability. In that case NO accrued, no DIC, No CHAMPVA, No Chapter 35.

I didn't have to prove at all that my husband's 100% SC PTSD was P & T. (accrued award 1997)

Even though I did not think it would be an issue in my current claim, I have 13 pieces of evidence that support the Total and Permanant status, most from the VA itself.which they refuse to read.

We must get on them every way we can for unconscionable errors they make as in Todd's case and mine because if they get away with it, they will do it to future claimants as well...

I have emailed Sec Bob and Hickey that this a big way in which the ROs started the backlog, and that backlog continues to grow, (regardless of the VA spin on it)....

Edited June 2, 2015 by Berta

[Buck52]

Great Informative Post Ms Berta!

I know what you mean Ms Berta, I am far below you and a lot of other top notch die core Advocates here on Hadit , I get on here to read your post and learn form them & have a lot to learn.

.................Buck

Edited June 4, 2015 by Buck52

[Guest]

This is a major problem. I started a post several weeks ago and borrowed this post to help prove my point. There are a lot of rating decision coming from VA that really don't make any sense. Now it seems that the new thing with VA is" Your current benefit payment will continue unchanged."

It's like they refuse to look at the entire claim and force the veteran to file a new NOD, CUE and even an appeal after the veteran has already won his/her claim at BVA. I started calling these generic ratings. It's just wrong to make a veteran wait so long for a decision and then get something like this. VA should be ashamed of themselves. Here is my earlier post.

[Buck52]

I agree with ya pete992,

seems it would be the other way around if they wanted to speed up the claims process.

that's the VA for ya!

jmo

..........Buck

[toddt]

Thank you for the information, Berta. I will look up my Detroit Director VARO and initiate a CUE. Something funny is happening. I stopped by the ROI office at the VAMC to see if I could get a copy of the email the Dr. sent to the RO. My C&P exam was on May 20, 2015 and the Dr. sent the email on May 21. The lady at the ROI office could not find anything. She then looked to see if there was anything written for the C&P exam on May 20. She could not find anything, in fact she told me that the C&P exam showed as having been canceled.

Now I know I am getting old and the memory isn't as good as it used to be, however, I showed up for the C&P exam with my wife. Checked in at the desk and was told that they would inform the Dr. that I was there. About 45 minutes later the Dr. came to the waiting room and ushered myself and my wife into an examining room. I may have to take a trip to the RO in Detroit however, they don't allow weapons and I'm a little bit leery of visiting Detroit without my weapon.