To VA Sec Re: CUE

[Berta]

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 February 21, 2017 by Berta

[pwrslm]

Great letter Berta!

 

 

[Berta]

Buck,  a quick blip of the Sec was just on Fox News...6 AM here so I think he will be in their 7 AM show...

if he gives out contact # or hot line, I will be sure to let everyone know.

Fox News (Channel 360 DirecTV) has been on top of all of the VA scandals...for years .

The President watches Fox and knows of some of the main problems VA has.

 

 

 

Edited February 21, 2017 by Berta

[Berta]

Pete Hegseth (Fox) had a long interview with him but  just part of it was on Fox minutes ago. They will be running more of the interview all week. It will be based on a stack of emails from Fox viewers from the veteran's community.

A few points came up-Per Pete- the fact that some VA employees are absent a lot ,use cocaine, and watch porn at work---yet are protected by union ( no surprise there) and The Secretary seems determined to gain the accountability that VA needs to get rid of these people. The Sec said what I have said here many times, and many of you say here as well..... there are MANY great people who work for the VA---but it is the ones who don't do a good job, who make it harder for the good ones to be fully viable.The Secretary has talked to some of the whistleblowers and wants their concerns taken seriously and looked into...the brief interview will probably be on later again in the show

As it stands the AFGE has made the VA a great place to work, knowing one cannot get fired-unless maybe those who have had criminal offenses, like stealing VA meds and selling them.. their doctors usually dont fired for negligence/malpractice and just go on to a different VAMC if there is a documented proven trail of malpractice.The claims system is rampant with incompetence as claimants  are forced onto to BVA hamster wheel, often to get remands....re dos of what the VA should have done in the first place. He will have a diffiult job but seems determined to be the "reformer" he was hired to be.Pete  Hegseth has had a lot of input into the many bills before Congress that asked for accountability of the VA system,yet it seemed that was the last thing the former Secretary wanted.It was the main part of the new Sec's very first interview in his new cabinet post. Maybe we will finally get a long overdue re -haul of the system.I was thrilled that vets took the time to send emails to Fox News or to Hegseth, to raise issues that will be in the rest of the interview this week.