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To VA Sec Re: CUE

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Berta

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If anyone is interested:

This is part of my letter to VA Secretary David Shulkin

I suggest that a Fast Letter be prepared to go to all VA Regional Offices and all Veterans Service Organizations, stating that:

  Upon receipt of any Regional Office decision that contains a valid and legal CUE (clear and unmistakable legal error) either due to a violation of the VCAA ( 5103 Waiver) ,thus a due process violation, that caused a CUE to occur in the decision, or due to the wrong diagnostic code on the rating sheet or due to any failure to consider probative evidence the claimant has supplied to them, or any other legal error that was detrimental to the claimant, the claimant and/or their POA representative  should  file a CUE claim immediately,under auspices of 38 USC 5109 , asking the VA to correct the error.

The Claim must conform to CUE criteria as to identifying the exact legal error and how that error is detrimental to the veteran.

I suggest as well to add this:

The traditional NOD one year timeframe will stop until the CUE claim is decided.

The traditional NOD time frame will only begin upon receipt by the claimant and their POA of the decision on the CUE,  that will include full appellate rights.

One cannot prepare an adequate NOD when a decision contains a CUE to their detriment.

(NOD Notice of Disagreement)

The rest of this letter involves some of my personal experiences to support my suggestion for this type of Fast letter ( I pointed out how this tactic has worked for me regarding decisions I filed CUE on immediately,with success and also what I wrote to President Trump about already,regarding other issues.I have other ideas to reduce the backlog as well......I also dropped a dime on my VARO Director for her ridiculous rendition I mentioned here before, and the 13 pieces of evidence they verified they had but refused to consider in one of their last decisions.She had no regulation nor any evidence at all to support her ludicrous attempt to deny me not only my VCAA rights but also a proper decision.This CRAP has happened to me since 1995 at this VARO, I fought back time after time until they did things right, and if they expect me to sit on my thumbs about this error , they are suffering from an illusion.

 

Edited by Berta
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  • HadIt.com Elder

sounds good to me!

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Great, Berta.  Can you provide the new vasec email address, snail mail address or phone number for other Vets? 

Some people got "some" results (not always favorable) by emailing "ask Bob" or even Allison Hickey.  

I personally think having one or more people "in charge" that can solve Vets issues is imperative.  We need a "go to person" in EACH RO, that can/will solve problems that have sometimes dragged on for 10 years or more, like mine.    This "responsible person" needs to have authority to fix the problem and not just pass it to others who can not/will not fix it either.  Bob McDonald had a great idea, with "Ask Bob", it just needs to be expanded to someone in each RO with the authority and the motivation to fix broken claims.  

Goodness, if you go to McDonalds and get a bad or cold sandwich, there is almost always a manager on duty who will often fix the problem immediately.  Do Veterans not deserve at least the level of service as McDonalds or other resteraunts often provide?

 

You can even return stuff in Walmart, within the applicable return period without a lot of problems.  I bought a laptop at Walmart on Black Friday.  It was poor quality, and did not work properly. 

They have a 14 day return policy, which, they announced would be increased for the holidays as people often buy the day after thanksgiving and dont even open it until Dec. 25, much more than 14 days.  Because of this, Walmart made an exception to the 14 days for the holidays. 

I tried to return the laptop AFTER 14 days, but before Dec. 25.  The clerk said, "no, you will have to return this the day after Christmas".  

I explained that made no sense, and amounted to me waiting in a long line, needlessly.  The manager overheard my conversation with the clerk, and immediatley directed them to return my (computer) for a full refund immediately, not having to wait until after Christmas.

Why can Vets not get, at a minimum, this "Walmart" level of service?   A problem with a Vet claim should be fixed in days,  or even hours, not years like it is now.    It is exactly "unacceptable" for the VA to pass the problem cases from employee to employee, with "no one" empowered to fix it, but only to shuffle the paperwork to the next employee who looks at it and passes it to others.  

 

Edited by broncovet
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Everyone in VA passes the buck, and it has to have a place to stop.  It stops with VASEC, BUT, the VASEC can/should delegate at least one person in each RO to fix problems also.  A big shot in each RO with decision authority, who can look at the claim and say..gee, we made a mistake or, no, this is correct and it must go to appeals.  

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  • HadIt.com Elder

I thought his name was David Shulkin M.D.?

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Buck.you are right....I copied and pasted part of the letter here but spelled his name wrong...

It was right in the actual letter though ( whew) Thank You.

Broncovet- 

It will probably be David.Shulkin@va.gov

I have not tried that email yet.

President Donald J. Trump

The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500

 

  VA Secretary Dr. David J . Shulkin 

                         Veterans Administration Central Office

                              810 Vermont Avenue  NW

                                Washington DC  20420

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  • HadIt.com Elder

President Trump promised a Veteran Hotline direct to his office  during his campaign .

Anybody know what that # is?

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