Has Anyone Here Every Contacted Ms Hickey

[jfrei]

I was looking for anyone who has every emailed Ms Hickey about their Cue claim/Nod and if it had any effect?

[broncovet]

I did.

Yes, it had an "effect". Ms. Hickey emailed my VARO director, and my case went to high priority, after collecting dust for 13 years.

They did find a CUE, and awarded me SMC K, with a nice retro, as a result of emailing Ms. Hickey. However, I still did not get what I felt I deserved, but got a denial on the rest of it.

So, I got mixed results. At least, my claim is no longer gathering dust for 13 years, and is on its way back to BVA, after a denial.

Its not a magic bullet, but VA wont be able to just ignore you for decades, either, like they did me.

By the way, I am using emails back and forth to the VARO director as evidence. You see, I allege they rated me wrong..misapplying 4.85 (b) for hearing loss. The director "explained" how they arrived at their rating, upon my request for an "explanation". His explanation is bogus, and Im very confident the judge wont buy it.

Edited July 16, 2015 by broncovet

[Berta]

I did too.

The VA had failed act on on a CUE claim I filed in 2012.

In 2013 or 14 they told me it (the CUE)was with a s"specialist"

By February of this year I had not received any formal acknowledgement from them at all regarding the 5103 waver. or any input from the "specialist"

I asked Ms Hickey for one thing, assurance that they would apply the proper evidentary regultions (one of our most basic rights) to my evidence. I had proof that in the past they did not do this, in most of my issues over the past 20 years.

The VARO contacted me on both claims I had pending.

They denied the 1151 and then awarded in matter of weeks..because I filed additional CUes with them and they fionally read my evidence for that claim.

They also denied the CUE then awarded the CUE but stated no additional accrued benefits were due to me.No explanation in the decision.

The director of my RO called me to give me the "reason" there was no accrued.

It was so bizarre that no wonder they didnt put that into the decision, because I cannot NOD a phone call.

They again refused to read my evidence for that specific claim which would warrant the accrued amount.

VA Central however told me I had already been paid the entire accrued amount.

I received 6 months of accrued in 2012. They owe me, by medical evidence (and common sense) 16 more months.

I questioned the Chief from Comp and Pen that I file he and another person with him were reading my past 100% PTSD accrued award.

He said No this is for the 1151 stroke. I asked who got the additional accrued...I sure didnt and he said maybe it is a finance error.

I contacted the IG and today I will contact them again. The former IG head is gone.

Did Ms. Hickey help me?

yes she got my claims out of the dust pile and obviously there never had been any "specialist" recviewing the CUE at all.

Is Ms Hickey being named in my writ of Mandamus?

Yes because she cced numerous other VACO people over 2-3 month period to include my VARO director again ,to help straighten out my issues and none of them did.

One of them was the C & P guy who I ended up contacting myself and after that I realized , from his phone call to me, I am a victim of fraud or ,as usual, just a victim of downright VA incompetence.and illiteracy.

Many here have been helped by Ms. Hickey but in my case her help only gave me more proof that the VA cannot even read let alone properly apply basic VA case law and regs.

Try to do what I did....yu might have a much more positive result.

I narrowed down my problem in one sentence and then stated the exact solution (for my RO to apply 38 CFR 4.6...our most basic evidentary right to the 13 pieces of legal evidence ,they verified they had , but refuse to even mention in the decision at all.)

I kept my emails (their were multiple emails to and from Ms. Hickey and me)

strictly to the legal rights I have.

The VA has confused and confounded my issues themselves.

I experienced this with another CUE claim I filed in 2003 and also a different CUE in 2004.They never were transferred to the BVA.

Those CUES were awarded by the Nehmer RO in 2012. In a mere three weeks.

It was the first time the VA read my legal evidence for that claim..

Most of my legal evidence for my pending issue is all from the VA itself.

It all says my husband was totally and permanently disabled by his 1151 stroke.from time of stroke to his death.VA doctors, C & P exam, letter from former VA sec, Voc Reha statement, etc etc etc.

VA says he was not permanently disabled (that is what the director said by phone to me) and she refused to consider my evidence.

When VA starts pulling this crap on other survivors of veterans who have total 100% SC disabilities or SC disabilities, who obviously die with a 100% SC or 1151 disability,that has lasted their lifetime , they can deny many DIC claims as well as any accrued claims.those survivors might have.

Death makes all 100% SCs or 1151 SCs permanent in thir lifetime.

The P from the P & T designation was never an issue at all for their posthumous 100% P & T SC PTSD award..

And VA provided no sudden cure or actually any treatment at all for my husbands P & T 100% stroke....that they VA caused ( FTCA/1151 awards 1998)

Edited July 16, 2015 by Berta

[Philip Rogers]

I've contacted both Sec Bob and Ms Hickey. He never responded. She responded stating it had been forwarded to my VSC director and nothing has been done. Sad! jmo

pr

[broncovet]

I found out pretty much the same as Berta. The VA makes up totally bogus excuses to not pay, and we still have to appeal. My VARO director, stated in an email, the " speech discrimination is vertical, and puretone average is horizontal."

4.85 (b) says the opposite:

(b) Table VI, “Numeric Designation of Hearing Impairment Based on Puretone Threshold Average and Speech Discrimination,” is used to determine a Roman numeral designation (I through XI) for hearing impairment based on a combination of the percent of speech discrimination (horizontal rows) and the puretone threshold average (vertical columns). The Roman numeral designation is located at the point where the percentage of speech discrimination and puretone threshold average intersect.

Im not kidding. The VA says blue is red and red is blue. I cannot believe the VA is arguing this, and neither can my attorney that I am in the process of hiring. He agrees with me.

[gs106]

Does anyone have the email address for MS Hickey?