Berta Posted July 30, 2015 Share Posted July 30, 2015 (edited) Partial victory The VA RO director has backed off on her ridiculous reason for denying me payment of 16 months of accrued (100% plus SMC under 1151) by trying to get me to believe that the veteran's 1151 disability was not Permanent when he died. That battle has been won! I wonder how many other widows were denied accrued because of this same bogus reason, unsupported by any VA evidence or VA case law itself. ALL 100% continous disabilities are Permanent when someone dies.Dont let anyone from VA try to tell you otherwise. The 100% in the decision is based on CVA Residuals as within ratings fo DC 8007,8008, and 8009,in VA's schedule of ratings. I have succeeded so far in the CUE granted for the entire 22 months, made them aware that the rating was wrong ( the veteran was disabled to a degree of 130% by their medical errors ( 1151) and these errors caused his death (FTCA) . The rating error however does not really matter after yesterday's battle. and the only thing left for me to do is to find out who the VA sent those 16 months of accrued to since they say the full 22 amount was already paid to me. I was granted a past CUE in 2012 that paid me for the first 6 months of my husband;'s 1151 stroke. The decision did not consider or rate the continued 100% residuals. That was the basis of that CUE. This situation is due to a CUE I filed on the lack of ratings and payment for the residuals ( the additional 16 months, 100% P & T (I can finally post the P part) under 1151 with SMC and 2 dependents. in the 2012 decision. The CUEs the 2012 decision awarded had precedence over the NOD, as within the 2012 award.( those CUE claims filed in 2003 and 2004 were finally properly adjudicated and awarded in that decision because they were filed prior to the NOD. This is an important legal point I raised in 2010 to VA that many here might be unaware of.... The dates of your claims ,to include CUEs on decisions have dates of filing that are or should be prioritized.in most situations. The director of my VARO now wants me to believe residuals dont have to be paid.. Many disabilities have residuals that must be rated. I asked the director, since TBI is rated solely by residuals, does the VA intend to stop paying all residual compensation, even to TBI veterans? ? No answer. I have had to completely change my pending writ 4 times, because this situation changes now by the day. I also have to find out why the Director of my VARO manipulated my NOD date (but I know that was done so no one would see that in October, it will be three years since the NOD was filed, with no action taken on it.) I have documented proof of that but these phone calls of course do not have documentation. Why would any VA official try to get me or any claimant here to believe anything not supported by VA case law or regulations? Anything they will not document in email? Before I hung up on the director, (it is miserable and exhausting to talk to anyone who does not know VA regulations and the director of Buffalo VARO does have a clue on them) I told her that last week I felt 50% sure I might be a fraud victim and after her call I am now 100% sure and immediately sent the IG another complaint. Our member green posted yesterday one of the most important posts here in a long time: I am linking it here to make sure people here read it: The VA will NEVER change without Accountability and needs to weed out those RO employees and their management who deliberately violate our rights in the claims process as well as weed out C & P opiners who render bogus opinions ( that are documented evidence of their lack of any medical expertise) and that are often only overcome by costly IMOs,causing a very difficult financial burden on any disabled veteran, whose sacrifice in service is what provides these well paid incompetent VA employees their jobs.. and some of them even got bonuses in the past. Edited July 30, 2015 by Berta Notorious Kelly, green, Jumpmaster and 2 others 5 GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
Berta Posted July 30, 2015 Author Share Posted July 30, 2015 Sorry for double posts...I cannot edit them.... It happens when wind hits my satellite ..I live at a high elevation. GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
FormerMember Posted July 30, 2015 Share Posted July 30, 2015 Most excellent win. sugar. The only thing finer might be getting your picture on the cover of the Rolling Stones. Winning a CUE puts a pretty big smile on the face. Link to comment Share on other sites More sharing options...
kate7772 Posted July 30, 2015 Share Posted July 30, 2015 Congratulations. Love the stick to it attitude! Trying to follow in your shoes. Why is it your responsibility to find out who the money was sent to? Shouldn't VA have to pay you and then they find out who they erroneously sent it to? Kate Link to comment Share on other sites More sharing options...
Berta Posted July 30, 2015 Author Share Posted July 30, 2015 (edited) Kate asked: "Why is it your responsibility to find out who the money was sent to? Shouldn't VA have to pay you and then they find out who they erroneously sent it to?" It is also possible that no one was paid.This involves a five figure award. Yes they should .I might have forgotten to mention here also yesterday I asked the direector of Buffalo VARO if the VA is going to finally read my evidence. I asked this twice with no answer and then I said 'Donna this is a simply Yes or No question' and asked it again with no response at all so I told her I would consider that to obviously mean No the VA will not read my evidence and that I would contact the IG again,which I did...and cced Sec Bob, Allison Hickey, the VACO comp chief guy and the director of my VARO with that complaint. She offered no comment to that at all. The VA will not read my evidence. Of course a lawyer would probably get to the bottom of this but this is my position. Why should any claimant have to pay a lawyer to get VA to apply our basic rights regarding evidence to our claims? That means we would all need lawyers right from the git go to insure we don't get into the backlog because of failure to apply one of the most basic rights we have. Also lawyers cannot be hired until the NOD is filed. My NOD was filed on October 2012 and still remains unadjudicated and the filing date was manipulated last week to be April 2015.(docuymented) Of course the NOD was filed pre-the VA internet new NOD form crap.I need to find out what that cut off date was in the new NOD form regulations. Maybe VA could say, with the erroneous April 2015 date that I did not properly comply with the new NOD filing regulations.But I dont remember that regulation date that occurred this spring.and need to find it. And in any event since VA refuses to read my evidence ( in compliance defiance of 38 CFR 4.6) I dont think they will read it for any lawyer either. Why should any claimant have to hire and pay a lawyer to get their basic rights in 38 CFR, 38 USC, and M21-1MR applied to any claim that in essence has been "granted" as the decision said , yet has already been paid to someone else? If this is a case of downright fraud, it is the recipient of that accrued money, a five figure award who definitely will need a lawyer...not a VA claims lawyer, ....they will need a criminal lawyer. Edited July 30, 2015 by Berta foreveryoung and Jumpmaster 2 GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
Jumpmaster Posted July 30, 2015 Share Posted July 30, 2015 Berta Congratulations on the partial win it's inspiring. Yes its a damn shame you can't hire a lawyer until you file NOD. Many vets can go all the way and even win CUE claims. Yes, I agree we should not have to get attorneys but with certain complex claims having a good VA law fighter covering your "6" reduced BP and anxieties for me. It's looks like you. When it gets to the point your VARO will not listen to you, read your evidence, and accept that all veterans, widowers etc., have the ability to read, comprehend and interpret VA case law and regulations effectively, and in many cases shown on this board, far better than RO employees, who are focused on lowballing, and non-delivery of retroactive benefits. It smells like a wet Mississippi (SKUNK) to me and right now I'm curious and wonder just where did the 5 figures go? ???....and if the amount was redistributed into whose pockets? Why can't RO director give you a simply Yes or No answer regarding to reading your evidence. Well, I needs to take my meds and I hope I understood your post and apologize for my misinterpretation of your facts. God bless your perseverance. Jumpmaster Link to comment Share on other sites More sharing options...
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