A Question About My CUE CLAIM

[HMan]

Hi Everyone.

 

I was discharged from the Air Force in 2000 for a service connected Somatization DO with a 10% disability rating. I also had a 0% rating service connected for degenerative spine. I filed my claim with the V.a. in 2000 that included somatization along with my medical records. Well, the Va denied me. I didn't know anything about the system at the time. Somehow or another, they awarded me 10% for the migraines that I was having, but totally ignored or looked over my reason for discharge, which was somatization do.

Later, they raised my migraines to 30%. I had filed a few claims, which were all denied, and everything was paper at that time. Well, they also took my medical records and never returned them at my initial evaluation. It wasn't until 2010, after being denied again, that I could now use Ebenefits and see the reasons I was being denied. They said that I also missed a scheduled exam in 2010. I believe that to be true. I then realized that I needed my medical records, which they had taken in 2000, and I had no idea where to get them again. Long story short, I filed another claim in 2013 that included somatization again, but during this time, I had also gotten my military medical records again and located my form 356 inside that clearly stated my service connected reasoning for discharge "somatization do" along with the percentage, and I put in a CUE at that time for the somatization.

Well the V.A. kicked out the CUE claim for an earlier effective date, because I had an ongoing claim that included it. I was awarded my new claim that included somatization on 1/2015, but they dated it to reflect the beginning of that current claim for 2013. I have filed the Cue on 9/3/15 for somatization along with the form 356 which clearly states my service connected somatization and percentage that was located in my military medical records which they disregarded the first time in 2000. So, my question is: Do you think the V.A. will find a way to not retro me back to 2000, which the DAV helped me file for? This CUE claim is in the PREPARATION FOR DECISION phase as of now.

 

Thanks!

Decision_0002.pdf

Decision_0003.pdf

Decision_0001.pdf

Decision_0004.pdf

Decision_0005.pdf

Decision_0006.pdf

Decision_0007.pdf

Decision_0008.pdf

Decision.pdf

Edited October 14, 2015 by HMan
Added Documents

[HMan]

I cannot see the form.

 

It is possible they stopped the recoupment of the separation pay but then found you , at a subsequent C & P exam, not at a ratable level...hard to know ....from what is here.

Others will need to chime in.....they would know better then me how this type of recoupment goes.

I would think at some point if the rating remained the same, they would have begun to send you the 10 % comp

On the other hand,VA recouped far more cash from my DIC than they should have years ago---they recouped too much of a FTCA offset I agreed to.

I questioned it twice and they seemed to ignore my position but when I re opened my claim in 2003 they had to contact the Regional counsel here in NY and he found they had recouped too much (he used the same regs I had sent them which they ignored) and he called a CUE on them and they paid me the difference.

I am sure others here have had this same problem....that they recouped the separation pay but did not begin the actual comp.

I suggest you search M21-1MR as to how this type of benefit is recouped and then the SC comp is paid.

There are many decisions too at the BVA web site on these issues.

I would think, since the Regional Counsel called a CUE on them, that you too have a CUE basis...unless some C & P exam you had did not find it to be continuing to affect you at a ratable level.

If you google VA separation pay recoupment, a lot will pop up 

The rating would have to still be at least at 10% for this condition ,in order to file CUE, if they recouped too much.

You could request an audit as well from the VA.

 

 

 

 

 

AF FORM 356.pdf

[Berta]

The form is dated 1999.

Have you ever questioned this before with the VA?

You DAV rep sounds supportive of the CUE basis.

Do you have medical evidence to show that the somatization disorder has remained  at least at a 10% level since the recoupment stopped?

When they stopped the recoupment, I feel you should have received a letter stating whether or not the 10% comp would be sent to you or something to that effect.  I got an audit when the RC called a CUE on them.

However when I went over the audit they forgot an entire year of DIC and I wrote to them and they fixed that right away.

Do you have a copy of your C file? It would include copies of any correspondence they sent.

Well the V.A. kicked out the CUE claim for an earlier effective date, because I had an ongoing claim that included it. I was awarded my new claim that included somatization on 1/2015, but they dated it to reflect the beginning of that current claim for 2013. I have filed the Cue on 9/3/15 for somatization along with the form 356 which clearly states my service connected somatization and percentage that was located in my military medical records which they disregarded the first time in 2000. So, my question is: Do you think the V.A. will find a way to not retro me back to 2000, which the DAV helped me file for? This CUE claim is in the PREPARATION FOR DECISION phase as of now."

But in any event at this point, I would wait to see what happens with the CUE filed on 9/3/15. What legal error did the Vet rep raise that they broke?

However, if there is no satisfactory result on the Sept 23015 CUE, by end of this year, you have only until January, 2016 to NOD that decision.

CUE does not stop the NOD clock.

It would help to see the CUE claim that was prepared if you can attach it here but I wont be around much for a while..having eye surgery tomorrow.

My neighbor uses my PC to look at the site sometimes and if he is here, maybe he will read the CUE to  me but he does not know how to type any reply.

Others will help.

Others will read it, and be sure to try to catch the Hadit Blog Radio show today as they are discussing CUE and there is a call in number---1-347-237-4819.