Request for EED CUE Review

[Gastone]

I was about to NOD (DRO Review) my 12/2015 Award for an EED.

I called my RO VSO on a different matter but lucked out and got the Rep (Former DRO) that attended my 06/14 DRO Hearing. After discussing the VA Walk-in C-File Viewing Policy, which was the reason for the call, we moved on to the NOD I was about to file for the EED. He recommended filing a Request for an EED CUE Review, saying it would be faster than the DRO Review.

I figured, give it a try, still had till 4/17 based on Award Letter Date, to file the NOD for the DRO Review. Faxed him the 12 EED supporting Pages from my MHV Clinician Notes. He filed the Request 05/13/16, E-Ben showed it the following week, 06/04 it had moved to pending Decision with expected completion dates 06/15 - 07/15.

No matter the Decision, maybe there is something to the VA Request for Review, at least for CUEs. And I still have my NOD DRO Review, Locked & Cocked.

Oh ya, my VSO-Rep confirmed the walk-in RO C-File viewing policy. He said that all Det RO C-Files had been digitized, for our Viewing Enjoyment, no more piles of paper to turn, page by page.

Semper Fi

 

 

 

 

 

 

 

[Gastone]

I just received the VA EED Award letter today. The Detroit RO CUE Review team must be on the stick.

E-Ben 05/17/16 EED CUE Review Claim closed 07/16, Decision Letter mailed 08/21. Retro Deposit Hit 08/24, Award Letter arrived 08/25.

That has to be close to Speed of Light, as far as VA Decisions go.

Semper Fi

[Berta]

A CUE in a recent decision SHOULD be resolved ASAP!

It is callous violation of our rights , for the VA to make ANY legal errors at all.

And they get paid to make errors...no accountability at all.....

I think many errors are deliberate,hoping we do not challenge them....and for some vets, they don't even know a legal error might have been made, an error that keeps $$$ in the VA coffers and not properly in their checking account.And they also might have a vet rep who does not have a Clue on CUE or does understand it but ignores the potential of a CUE 'claim' and never tells the veteran.

This is quite a Victory and everything anyone needs to know about CUE is in our CUE forum.

 

 

 

 

 

 

 

[Buck52]

Great Post Ms berta

Also Asknod (Alex G)  Has some great information  for CUE in his (Asknod Blog) 

Like Ms T bird Quote ''Knowledge Is Power''  especially up against the VA.

Every Veteran Should Educate One Self On All Parts & Sections of VA Law.

The Only Thing I don't understand is why some times the VA Fails to Read Probaitive Evidence when its right in Front of Them.

I think its a good Ideal for the Veteran to state in his/her  every claim on the last page these words

 Please Note:  I  (''Veteran Jones'' claim # 123-45-6789) have copies mention above of everything here sent to the Veterans Claims Dept >  with his claim # in my sole position. 

JMO

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

[Gastone]

Deliberate CUE Mistakes, a scary thought.

I've only been at this since 08 and this is the 1st claim out of about 9 Awards that I had an EED Issue with.

I prefer to believe that most Claims Decision Errors are the result of Raters that are less "Issue Specific" competent, than they should be. If it weren't for the VA Quality Control Review of the 7/15 FDC Decision and a Mucho Quick VA  Decision on my CUE Review Request, I'd be on the DRO Hearing Train again, last time, took 4.25 yrs.

A great (retired VA DRO) Detroit Marine Corps League Rep (DRO Hearing Specialist) recommended the request for "Cue Review."  In error, I was somewhat skeptical regarding any type (Official or Unofficial)  request for a Decision Review. Being only a month since the Decision Letter,I decided to give it a go. Worked out for me.

Semper Fi

[RUREADY]

violation of rights I guess I don't have no rights than. My rights been out the door

a long time ago. If VA calls  a Cue of a decision they will grant as soon as they find it.

I help a guy get benefits and his first claim comes back as three CUES was made on VA part

but they were old claims that was never adjudicated they call Cue it took him darn near

6-7 months to get any pay for this and he is still waiting for some more retro. Must have been

a small retro. post the decision like you ask everyone else to do.

A lot of cue be won around here but nobody can ever post one of them????

If I ever win this claim I got I will post it just too so you and everybody else

I'm not lying  win or loose .jmho

Edited August 26, 2016 by RUREADY

[Berta]

This letter below grew out of a CUE claim I filed in 2001-2002? and I had forgotten....the VA denied it citing Neal V Derwinski-which had nothing to do with this specific issue.I dont remember  where the NOD is ,  because I had just started AMU and also was more concerned about a AO DMII claim my daughter insisted  that I file.

When the VA got the AO DMII claim in 2003, they had to request info from the Regional Counsel Buffalo regarding the TORT claim . Even though they had my settlement papers as proof of the TORT,they checked with the RC,who ordered them to pay me, due to my 2001-2002 CUE claim he found in my C file.

I only posted one page of the money they owed me.

Up to that money, I had never received a DIC amount.The entire amount they owed me had been withheld since 1994..

Then in 2010 the VA owed me the entire offset amount,due to the 2003 AO DMII claim I had filed.

The Office of General Counsel had to order them to send me  that payment because they,my RO, refused to pay me that too.....I didnt file CUE but could have. It was easier for me to call the General Counsel in DC to get that resolved.

This was an unusual situation.If one receives a TORT amount as for wrongful death, as I did, but then successfully proves the VA caused the death of a veteran with AO malpracticed conditions ( IHD,DMII, HBP) the death is then directly service connected and the VA must refund the VA offset amount of the TORT.I negotiated the offset.Their payment for pain and suffering was much higher than the offset.

I have yet to find any similar case at the BVA or CAVC.

This was the first CUE award I had and it came from the Regional Counsel, Jeff Whiting,Buffalo NY, due to the CUE he saw in my C file.

 

 

    

Oct 17 2003

BUFFALO VARO     111 WEST HURON STREET BUFFALO NEW YORK 14202

BERTA M SIMMONS

• (redacted)

In Reply Refer To:

                                                                       (redacted) 

                       

                   

"Dear Mrs. Simmons:

We have received instruction from the Office of the Regional Counsel concerning the amount of
offset of V A benefits due to the tort settlement you received.

What Did We Decide?

The total amount of $59,700.00 paid for economic loss to you should be offset. There should

be no offset for the remaining portion of the settlement in the amount of   ( redacted)

'-

 

allocated for pain and suffering of the decedent.

 

 

What Is Your Entitlement Amount And Payment Start I

 

Your monthly entitlement amount is shown below:

 

 

Total Award

Amount

Monthly

Payment Start

Reason For Change

Amount

Withheld

Entitlement

Date

 

 

 

 

Amount

 

 

 

$969.00

$969.00

$0.00

Nov 1, 1994

DIe granted

 

990.00

990.00

0.00

Dec 1, 1994

legislative increase

1,015.00

1,015.00

0.00

Dec 1, 1995

legislative increase

1,044.00

1,044.00

0.00

Dec 1, 1996

legislative increase

833.00

833.00

0.00

Jun 4,1997

Frances turns 18

 

850.00

850.00

0.00

Dec 1, 1997

legislative increase

861.00

861.00

0.00

Dec 1, 1998

legislative increase

881.00

881.00

0.00

Dec 1, 1999

legislative increase

911.00

911.00

0.00

Dee 1,2000

legislative increase

935.00

935.00

0.00

Dec 1,2001

legislative increase

948.00

948.00

0.00

Dec 1,2002

legislative increase

The above table is for reference only. You have already had more than $59,700.00 recouped
from your V A benefits. For computation purposes, we must return to your effective date for
benefits, recoup the $59,700.00, and then pay you the remainder of what you are due."

The next page shows the audit statement.They paid me 28 thousand but that was wrong.

Instead of filing CUE I wrote to their Finance department.showing them how they had completely forgotten one year of DIC and one dependent ,before my daughter joined the military .They then paid me the 11 thousand more they owed me.

 

 

 

 

 

 

 

 

 

Edited August 27, 2016 by Berta