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Up Date On My Cue Issues

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Berta

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VA said they would do an audit on my Nehmer issues regarding the CUE claim I filed which I asked for via IRIS, and I just got and it is ALL WRONG!!!!!

It is just an audit on my DIC and past 100% SC PTSD accrued claims.

I got tougher in my reply to the Sec, the VAOIG,Ms Hickey,the director of my RO, and to the person who signed the audit.

I told them I am convinced they are deliberately trying avoid resolving my issues, and I remain as either a VA fraud victim or a victim of VA incompetence.

Again I gave them the regulations and the part of M21-1MR they need to read and apply and tomorrow I will figure out how much they actually owe me.

The 1151 accrued amount is well over 50 thousand as the residuals of the stroke were not rated until this past March.

100% P & T under direct SC plus 100% P & T under 1151 equals payment of both amounts.

They knew that when they did pay the partial 6 months in the Nehmer Award.

The residuals were not rated until I contacted Ms Hickey.

I could not get paid in 2012 for anything VA didn't even rate yet.

I don't even know how they paid for the AO IHD, and they left out completely an entire year of the veteran's 1151 100% P & T amount.

It is odd that in 1996 I called Ron Abrams, NVLSP to discuss a few things in the VBM and we also talked about my issues at that time.

He knew the evidence they had would award the posthumous 100% for PTSD and it did, (after a fight)

but he also knew of the 100% P & T stroke under 1151 (but still rated as NSC)and said ,since my accrued claim was filed in timely fashion, I would get both if I succeeded on both....now I know he meant the M21-1MR provision which I posted in our FTCA/1151 forum.

I never knew what he meant by 'get both' in 1996 and when I filed this CUE claim I figured it out.

It is right on the Nehmer audit...they awarded the 1151 stroke amount and then subtracted the SC comp from it.

I am disgusted because this stuff has happened to me before on these audits.

Edited by Berta
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My situation has just changed maybe for the better.....

"Thank you for contacting the Under Secretary for Benefits.

 

Allison truly cares about answering your email.  She is reading them, but has asked her claims team to help expedite your inquiry. I will provide you with the following update on your claim."

 

I gave them the errors they made, figured out  the proper retro for them, and suggested they contact Regional or General Counsel

because VA attorneys can read!

The "update " on my NOD date and audit was wrong so I corrected that too.

I also added the proof (they have ) of the other significant errors they made in the4 past, almost depriving me of 100 thousand bucks

(which is clear within the audit they just did on my DIC) and stated that I am concerned about how many others claimants they have adversely affected because they don't have the ability to add, multiply and subtract and do not understand the regulations in M21-1MR which I gave them again, that they need to apply to my claims.

The point here is this-for anyone here who goes through VA BS like this ......get tough, do everything you can think of to gain their attention and keep on them as I have had to do many times in the past.

I have sent multiple emails since February 2015 to MS Hickey and others (the Sec, the OIG, the woman who did this bogus audit ,the director of my RO, and anyone else I could think of ,because somewhere along the line I will find someone at VA who can read and properly do math

but I dont expect to find anyone like that at the Buffalo VARO anymore.

 

 

 

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Berta

 

           You are so right.  You just have to rattle their cage until they pay attention.  Many vets get just discouraged and worn out doing this but it is the only way.  Even with medical care issues it is the same thing.  You must go over everyone's head when they deny you some kind of care or treatment.  I am trying to get reimbursed from Fee Base for dental work the VA should have paid for in the first place.  They have already "lost" my claims since 2014.  This is the second time the Fee Base Office lost a claim I sent them.  Welcome to the Monkey House.   Do they log these claims it or just throw them in a pile and then shred them?

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