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

[Berta]

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 June 9, 2015 by Berta

[ArNG11]

_{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..

I call Shenanigans. One of two things, but I'd like to think the VA got caught. Good luck. Hope you get good news. Take care.

[RSG]

_{^{Thank you sir, my attorney said he would not even consider and inquiry until after the first of next month, it does not take four months to review a file, or determine what they will do for this CUE award. they have had 47 years to look at this. What ever it might be...I intend to help another 24 veterans better their lives.......I guess I am being impatient, but enough is enough.. RSG}}

Edited June 13, 2015 by RSG