Denied by Atlanta REgional Supervisor for 100% convalescen pay after they admit I meet all standards. Read denial...

[Vet2015]

Just got denied again by the Regional Office supervisor on a NOD claim for 100% convalescent pay because the surgery was in Dec and I filed for secondary and was granted the claim in march? Say he cant go back and pay. Here is the results from the Atlanta Regional office..

[Berta]

The BVA decision in my past post here indicates there is a year deadline for filing temp convalescence claims.

I dont think those dopes at your VARO had a calendar. Or if they did they cant read one,.

I think they mistook the dates to seem to believe a year or more had passed from the surgery to the date of the claim.

I dont have time now to find the legal citations the BVA used but this above decision might help you file a Go Cue Yourself claim as explained in our CUE forum.

You can file that Claim via IRIS as a complaint and follow it up with a formal request via your RO's director.

That is one of the dumbest decisions I have seen yet.......and I would hate to see you caught up in a appeal backlog just because they cannot read a calendar.

heck, those guys at the PTSD inhouse program usually have someone right there at the VAMC to file for their temp comp due to 21 day hospitalization,but the claim is  not technically filed until they were discharged, so those claims might have been filed and received a month or so after they were discharged.. still within time for proper convalescence comp to be sent out.

This decision is absurd.

 

 

[Berta]

I just noticed that post date was in 2009...I sure hope those deadlines haven't changed....a search under 2015,2014,2013 at the BVA under Temp Convalesnce might bring up a more recent decision to help

[Fat]

NEVER GIVE UP

[Berta]

The legal error they made is cited within this BVA decision.

They completely misinterpreted the regulations within 38 CFR 3.400 and did not properly do the math right as to the dates involved.

"The Veteran's claim has been denied because his claim was received more than one year after his surgery, which has been recognized as the date entitlement arose.  As such, the effective date for entitlement would be the date of his claim in January 2009; but entitlement to payment for the temporary total rating would have already ceased prior to the effective date and no benefit would be payable.  38 C.F.R. § 3.400(o)."

http://www.va.gov/vetapp11/Files2/1119414.txt

Also I would cite 38 CFR 4.6 in the CUE claim as well.

And I would file a CUE on this via fax and IRIS ,in a heartbeat.

[Berta]

Here is the CUE claim you could use:

I regret I am still trying to learn a new Word program and cant seem to use copy and paste like I used to....

personally I would put a Screen shot of the 2 calendars right into the IRIS complaint if I could...but just hyperlinks to the 2012 and 2013  calendars will do.

I fully believe that VA employs at every level some of the best dedicated and smart people around. But those employees work side by side with individuals who either just dont care about doing their work properly or are simply illiterate.There is the stress factor tyoo as the VA tries to 'reduce' the backlog but can add to it with errors like this one,that can be fixed right away..

 

 

 

CUE hadit Sept 3 2015.docx

[Berta]

Geez I forgot to add, put your C file number on the CUE, Make sure the date of the decision is in the CUE, and the preparer's initials too,

the last  sentence re" proper and timely resolve"  was the end of the CUE and

I forgot to add quotes to separate it from the other suggestion re IRIS.sorry.

Ask for an email response from IRIS so they cannot con volute the IRIS complaint  by a phone call.

Edited September 3, 2015 by Berta