tdiu VA says they made a CUE in awarding me IU.

[Speaking Out]

VA says they made a clear and unmistakable error in awarding  me individual unemployability in 2012. My combined rating is 70% and my award letter from 2012 rated me permanent and total. I received a letter that my claim fell under a special review and the CUE was discovered. The letter doesn't say what the CUE is.  I met the criteria when I applied and also got SMC K.  Why would an IU rated P/T get pulled for a special review? 

Edited August 30, 2015 by Speaking Out
clerical

[RUREADY]

Just a question, if you were getting IU why would you do work as a volunteer veteran advocate?

how many days or hours a week you do this? This would be consider Sedentary work even if

it is volunteer. IU you cant do nothing much different from SSDI where as you are allowed to make

10-12 grand a year. I thought about volunteering at VA until someone wise me up to that move also

coaching little league baseball. You get IU for a reason you cant work nor can you volunteer without

something like this. This could be your problem and I know some will disagree with it but don't chance 3 grand

a month working or volunteering. jmho

 

 

 

[Speaking Out]

I can't just stay in my house and wait to die. The VA doesn't expect us to do that.  We are allowed to live.  I choose to use my powers of PTSD for good and when I help another veteran, it helps me.

[RUREADY]

You can live but you cant work and get IU if you can volunteer you don't need IU.

80% you can work. I would get a hobby around the house and not sitting in an office

drinking coffee & donuts all day. If you got to have something to do than give up the IU

and do what you want you cant have both. Volunteer work and IU don't mix. Your choice

do what you have too to make you feel better but work wouldn't be one for me. I work hard to get IU

and I be darn if I would chance it by trying volunteering work. I tear up stuff around the house  just to have

something to do. jmho

[Buck52]

In the mean time file a NOD ask for a DRO Hearing at your RO if you haven't already, they will probably send you a letter telling you they recieved your request for a DRO Hearing and let you know when  the DRO Hearing will be.

 

In the mean time you need to find that letter that you stated the Examiner had, and also you may want to go get an IMO and documentation from Dr's /and or specialist  stating your unable to work because of your SC DISABILITIES.

, if your on SSDI from your SC disability's  take that award letter and present it has evidence.

As for as NOT SENDING in the yearly Unemployment letter that you state you are not working or been working...I don't think this is what there filling on you , those letters are not required anymore in certain states with veterans that have  P&T with no future exams and there disabilities are of nature and static condition with no possible improvement. (I recieved a letter from my RO stating its not   necessarily  to send in the letter) but if you have not been sent that letter  you need to send in this letter every year  rather or not you get  the reminder from the VA..

sounds like to me that you did get pick by the O IG & inspected some of the veterans  ratings at random & PICKED YOURS   and they seen where the rater messed up or some records were not present during your adjudication  hence the red flag and the CUE they found, it has to be some evidence was not read or not found for them to CUE them self

 

so be gathering up all your evidence and prove them wrong and you will win this  as Asknod mention  you can live happily ever after.

Main thing is try not wo stress out over this  if your sure you have the correct evidence and you have not been working everything should be put to rest on this.

 

What makes this case strange  is they award the SMC K...Usually for them to do that they go over your claim with a fine tooth comb.

I'm sure you can beat this  just hang in there your $$ won't stop until this is settled  one way or the other, as for as paying it back, I'm not sure they will come after you? if they do you can say there's no way you can pay that money back  and that your having a hardship as it is   only getting your SSDI.

Good Luck

 

.............Buck 

[Buck52]

PUREADY,

I Disagree with you about  volunteer service especially at the VA,  I've seen countless 100% P&T Veterans in there wheel chairs volunteering up at my VAMC. 

If a veteran is disabled it don't mean they can't get out and make them self useful   about the only way for a disabled veteran not to get out is because he is bedridden/so sick can't hold his/her head up.

I don't think the VA will hold a veterans volunteer service against him/her  as considered working!

JMO

..................Buck

[Speaking Out]

Thank you, Buck. 

 

RUREADY...

You know NOTHING about my volunteer work that I do from my home, not an office.   You are completely wrong in your assumptions and I hope no veteran listens to what you think should be their quality of life.