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In Va's Possession.....re: Cue

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Berta

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I am seeing many CUE questions here that often reflect that the poster has not read over the CUE regs and CUE forum info carefully.

BVA CUES also are probably the best info I have ever got as to why CUES are denied and what it takes to award them.Plus the entire section of the VBM by NVLSP regarding VA errors in decisions.

"In VA's Possession" is a term critical to CUE claims.

That means the VA had the evidence in their possession at time of the alleged past decision that is now a subject of collateral attack (CUE).

BVA has expanded this definition of 'possession' to what they VA should have been aware of....

I have asked this question here many times with no reply.

Does VA still require authorization forms from the claimant in order to obtain SSA or other medical records?

In 1992 and 1993 my husband signed authorization forms for the VA to obtain his SSA records.

Va never followed through on obtaining them until I found out and called SSA myself.

What was "in VA's possession" by time of the 1998 decision I cued, was the authorization forms I had copies of ,in the veteran's C file.

Thus , these authorization forms were "in VA's possession" when they committed the CUE.

Also althought the SSDI award was ignored in the 100% SC PTSD P & T posthunmous award, I showed the SSA award letter to his shrink who also, in a letter to VA, along with all of his med recs, on my husband, which they had refused to consider, mentioned witnessing the SSA award letter with EED on Nov 1991.

Usually "Possession" regards actual medical records but can mean many other things.

The first piece of evidence I used for my pending CUE claim is a letter from former VA Secretary Vogel, stating, (based on the medical records he had seen) that my husband's stroke (NSC at that time) was Permanent and Total.

VA refuses to read that letter and the additional evidence I sent to them.

The NSC was changed to Section 1151 because it was proven malpractice as part of my FTCA wrongful death case.VA caused the stroke.Not an issue in my pending claim.

That letter was "in VA's possession" obviously when the former Secretary wrote it on VA Central letterhead.

It was not in the C file as far as I know but it doesn't matter.

The documented evidence of a diagnosed disability must be in "VA's possession" for any CUE based on a denial for the same disability.

There is one sort of exception....but that involves VA malpractice.

If I had not been awarded DMII due to AO causing my husband's death, in 2009 and I did nothing for years and then filed a CUE, ...

the diagnosis and treatment record of the DMII never existed and thus were Not in VA's possession.....

but the medical evidence was quite clear that he had DMII, VA knew it, and like his IHD, they did nothing to diagnose and treat it.

I did win the IHD CUE.(never diagnosed or treated.as well, contributing to death ...and this was a CUE for "lack of proper diagnostic code and rating" as well.

I am tired of repeating myself a lot here....

I repeat my gripes with my current CUE claim because they will do this to any one here they think they can get away with it...and they will do it to your survivors when you die.

Unless you know VA case and regs better then VA does. So make sure your spouses know how to use a PC and get to hadit,if you die.

But I am really tired of repeating over and over again what CUE is and what it isn't.

It is all explained in the CUE forum. Ad finitum.

The good part is that many more vets than ever have CUEs at the BVA and are filing them currently.,as many here have done.

But if those CUE claims do not follow the CUE criteria to the letter, they will fail.

"In VA's possession" at time of alleged CUE is a critical part of those regulations.

.

Edited by Berta
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That is why you won a CUE RSG........

They awarded my recent CUE claims but the reason they wont pay me is ridiculous.

They didnt have the nerve to state any reason at all in the letter, the director called me to explain why they wont pay me....and her reason was ludicrous.

and of course they have no regulations to support the lack of payment but the Chief of Comp and Pen in Washington called me and said they DID pay me the entire 22 months. I got only 6 months in 2010.

I contacted the Inspector General on that.

It was like the bogus DIC claim they said they were working on last year.

Something stinks about both of these issues. I reported the bogus DIC claim to the Inspector General too.

Lets face it... if one can change the name and address on an award letter and send any retro to their bank account...instead of to the actual claimant's direct deposit account , a claimant who gets a letter with no regulation supporting why they are not going to receive any retro or accrued......

.......... well the IG can read through the lines there and Nothing would surprise me at this point, in my dealings with them.

I don't think VA is smart enough to pull something like that, however....but maybe that depends on who actually gets the retro due someone else.

I even asked this guy if he instead was reading my past PTSD accrued award on the PC but he said No, it clearly states the 1151 stroke and that you have been paid the entire amount already.

Meaning 22 months, 100% P & T plus SMC S for 2 dependents. A sizable chuck of change.

I only got 6 months of it, I said, and he replied maybe it was a Finance error... finance error my ass......

Either someone else got my money or the Chief of C & P-

."Chief, Quality Review and Consistency (214C)

Compensation Service

202-461-1454"

or like many other well paid VBA employees, he simply cannot read.

Edited by Berta
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Like I have said many times about my claim as well....They had every piece of evidence they needed at the beginning 46 years ago.. I mean everything would have been in my favor back in 69, if some valuable VA employee had not, lied and caused all this grief for 46 years....As far as I am concerned they are corrupt from top to bottom..But I have a bad attitude....

RSG

Edited by RSG
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Berta i believe the term attorneys use is that the evidence is ' raised of record"... meaning that the info was available to the VA and claiming ignorance is not a valid reason to omit.

IE a surgery was performed at a VA hospital, that was because of a secondary disability..

For instance, a person gets kidney cancer as a result of service connected hepatitis..

The patient gets surgery, then files for disability for the kidney cancer..

The evidence was raised of record when the claimant filed..

That is how I understand it anyway.. anyone knowing more plz correct me if im wrong.

Edited by 63SIERRA
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Like I have said many times about my claim as well....They had every piece of evidence they needed at the beginning 46 years ago.. I mean everything would have been in my favor back in 69, if some valuable VA employee lied and caused all this grief for 46 years....As far as I am concerned they are corrupt from top to bottom..But I have a bad attitude....

RSG

the sins of thier past are coming back to haunt them... whatever is done in the dark, will someday come to the light.. praise God..

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I just received this via email awhile ago.....

VAVBAWAS/CO/Office of the USB VBA

Mr. RSG,

Thank you contacting the Undersecretary for Benefits. My apologies for the delayed response, Sir.

Allison truly cares about answering your email. She is reading them but has asked her claims team to help expedite your inquiry. We have also included your Regional Office Director’s Office .

Best Regards,

Denise

Now what do you folks think will happen, will my claim be put aside or will somebody finish this...within a short amount of time..

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