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

[Chuck75]

With the VA, anything is possible!

I'd guess that they failed to look at the information you sent in when they made the proposal, or, it never made it to your digitized records.

I'd complain in writing, and/or email to the secretary. If you don't, in addition to the present problem, they may start asking for money back, or even try to pull it from the direct deposit account used to accept the monthly payment.

[usbubba]

This is Mrs. Bubba.  VA has unilaterally decided that they can declare CUE when CUE is decided by a court based on legal considerations. Hubby had the same thing happen. VA declared CUE on themselves in order to reduce his ratings. They don't necessarily have a sound legal basis but if a person is unaware of the legal requirements for CUE, they can fall for this ruse. I'm in the process of searching legal precedents to see if the  court allows the VA to do this but have no solid information yet. Maybe someone familiar with the case law can chime in.

[63SIERRA]

With the VA, anything is possible!

I'd guess that they failed to look at the information you sent in when they made the proposal, or, it never made it to your digitized records.

I'd complain in writing, and/or email to the secretary. If you don't, in addition to the present problem, they may start asking for money back, or even try to pull it from the direct deposit account used to accept the monthly payment.

if they screwed up..   they cant get that money back and wont try,,,   .

[Chuck75]

Actually, 'they' can, and just let you fight about it afterwards. A direct deposit authorization, by the banking laws, allows

a claw back to correct an error.  The VA has been known to do such things the past.

While a bit different, the VA was charging "co-pay" for drugs that were prescribed to treat "presumptive" conditions that are

established by law. The VA claimed that the conditions were not "presumptive" unless they had been previously adjudicated.

If a veteran failed to pay the eventual co-pay billing, the VA would try to deduct it from the veteran's IRS account.

 

 

[Gastone]

Were you Rated IU T&P No Future Exams scheduled? 

It appears that your IU is up for reduction due to the possibility of you being able to earn "Substantial Gainful Employment Income ($12,400.00 yrly)" from possible Sedentary work and the absence of the VA Employment/past 12 months Income verification form. Any Evidence submitted eliminating the possibility of Sedentary work? If you have a Post HS education, Sedentary work becomes a real IU problem.

I just completed my Annual VA Employment/Earned Income form  for IU, received from the VA, exactly 5 days after my 2014 IU T & P No Future Exams Award anniversary date of 6/29/14.

In the attached VA instruction letter, the Vet is advised that if the completed Employment/Income Verification Document isn't returned to the VA within 60 days, you're up for a reduction back to your SC Rating. Completed and returned, US Mail Cert & Return Receipt.

There has been numerous discussions on Hadit and elsewhere as to the VA still requiring the completion and submission of the yearly  IU Employment/Income verification document. I've read that for a couple years the VA discontinued the formal yearly mailing of the form, however, that didn't eliminate the IU Veterans obligation to complete it and mail it in. Some Vets did and some didn't.

Well, there is a recent VA, FL or other Official VA Directive, that re-institutes the yearly IU Emp/Income verification mailings. I looked back at my 06/2014 IU award, no discussion as to the requirement of a yearly Emp/Inc verification forms completion and submission.

I think it comes down to, if your IU and under 70 yrs old, file the VA Emp/Income Verification Form, US Mail Cert/Return Receipt. Why take the chance of a reduction? Even if you don't receive it in the mail, better safe than sorry. right. Who in their right mind, would want to fight a proposed IU reduction, if you don't have to?

Semper fi

[FormerMember]

The requirements for making a CUE insinuation are identical for VA as they are for you. That is a mighty steep mountain for them to climb. VA does this arbitrarily when they screw up with their records. You probably filed what was required and are blameless. However, you only have 60 days to pitch a bitch or VA can go ahead with the action. Here's where they screw up. They have to prove, just as you would, that the facts, as they were known, were not before the adjudicator and/or the law as it was written at the time was ignored or misinterpreted. If both or either one singly exists, VA then has to prove it  would have manifestly changed the outcome of granting your IU and P&T. It appears no one is arguing the SMC K. 

As with most insinuations of CUE, the correct facts, as they were known, were probably not in front of the rater or this would never have happened. Where VA (and Vets) always lose  is the 'manifestly different outcome' codicil. Unless they can prove you were employed within a year of the rating 'error' or in some way not entitled to the grant, the finding (IU  and P&T) must stand. From reading your timeline, it appears the decision to grant your IU is over a year old. That means it is final and binding on both you and VA which is VAspeak for a done deal. To overturn it, they have a hard row to how. They are, however, allowed to throw the hand grenade and make you jump. 60 days from any notification letter is the suspense time limit to act. By objecting within this 60 days, you can abate the action by filing a NOD and proceeding to submit evidence that you submitted what they say you did not. They would never grant IU if you had not provided them with evidence of your eligibility. If you submitted the missing document through your VSO, they are legally required to keep a record (copy) before filing it with the VA.  VA is precluded from taking the rating away from you until they prevail at the BVA and CAVC-but only if you appeal. If you fail to object, it will happen within six months of the letter.

My advice is to contact a VA attorney pronto. This is light years past anything a VSO can comprehend legally. They'll fumble it and you'll lose. VA is fond of doing these things to reinforce the old VSO adage of 'don't rock the boat'. Your advocacy has nothing to do with this. The OIG routinely comes through VAROs and reviews old records to determine if VA raters are proficient. Considering their accuracy is in the mid-30 percentile, this should come as no surprise. VA can't find their ass with a methane detector. You will win but it will take time and energy to effect it. The good news is that they probably won't pull this stunt on you again and you'll live happily ever after.