Is anyone here interested in supporting this part of my recent letter to Sec Shulkin/ copy to President Trump?
This is just one excerpt. There were other areas of deficiency I wrote about.
Would you add a brief reply to this thread is you have had the same problem Sue Edel had. I post this today in a reply to her but I would like some support on the board here, from anyone else who has had this problem and how long it took them to finally read your evidence and award the claim.
Also how many here are planning on, or already did, calling the White House hot line for vets. 855-948-2311
My letter focused on 3 issues.....1. the established fact that ROs do not always read our most probative evidence, and how that causes the backlog to grow.
2. Sensitive info on VA malpractice issues, not appropriate to put here , and the third issue directly involved a VARO director who does not know how to read the regulations.
The C & P problem is next for me....the main reason, if you do get a rater who can read your evidence, is what causes most denials, inadequate or incompetent C & P exams...
Can you reply here ASAP? They are going over my recent conversation and the letter I sent to them....and I will hear back soon from the Sec's office or the White House.....
"I also am the surviving spouse of Rodney F. Simmons, Vietnam (USMC), who is dead due to VA health care ( FTCA/Section 1151 award- proof available if requested.) Subsequently ,I also proved that VA malpracticed on two Agent Orange conditions as well, that were found to contribute to his untimely death.
Claimants have the ability to file a CUE claim ( CUE- clear and unmistakable error- 38 USC 5109) on any unappealed decision that they feel was wrong due to one or more specificlegal errors the VA made in that decisionthat prevented them from attaining a proper monetary service connected award.
Just about every decision I received as a widow from the Buffalo VARO was wrong and oftenonly when I filed a CUE claim.
But I also have had success in filing this type of claim within the appellate period, under the auspices of 39 USC 5109, most recent in March 2015 when I received a denial ,that upon receipt of my CUE, was reversed about 4 weeks later in April 2015. I have been successful with this tactic before and find that 2 vet reps have also used it because they must have read my explanation on the large web site for veterans that I have been a volunteer at, for 20 years.
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 either due to a violation of the VCAA ( 5103 Waiver) ,thus 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 representativeshouldfile a CUE claim immediately, 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."
Edited by Berta
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
Question
Berta
Is anyone here interested in supporting this part of my recent letter to Sec Shulkin/ copy to President Trump?
This is just one excerpt. There were other areas of deficiency I wrote about.
Would you add a brief reply to this thread is you have had the same problem Sue Edel had. I post this today in a reply to her but I would like some support on the board here, from anyone else who has had this problem and how long it took them to finally read your evidence and award the claim.
Also how many here are planning on, or already did, calling the White House hot line for vets. 855-948-2311
My letter focused on 3 issues.....1. the established fact that ROs do not always read our most probative evidence, and how that causes the backlog to grow.
2. Sensitive info on VA malpractice issues, not appropriate to put here , and the third issue directly involved a VARO director who does not know how to read the regulations.
The C & P problem is next for me....the main reason, if you do get a rater who can read your evidence, is what causes most denials, inadequate or incompetent C & P exams...
Can you reply here ASAP? They are going over my recent conversation and the letter I sent to them....and I will hear back soon from the Sec's office or the White House.....
"I also am the surviving spouse of Rodney F. Simmons, Vietnam (USMC), who is dead due to VA health care ( FTCA/Section 1151 award- proof available if requested.) Subsequently ,I also proved that VA malpracticed on two Agent Orange conditions as well, that were found to contribute to his untimely death.
Claimants have the ability to file a CUE claim ( CUE- clear and unmistakable error- 38 USC 5109) on any unappealed decision that they feel was wrong due to one or more specific legal errors the VA made in that decision that prevented them from attaining a proper monetary service connected award.
Just about every decision I received as a widow from the Buffalo VARO was wrong and often only when I filed a CUE claim.
But I also have had success in filing this type of claim within the appellate period, under the auspices of 39 USC 5109, most recent in March 2015 when I received a denial ,that upon receipt of my CUE, was reversed about 4 weeks later in April 2015. I have been successful with this tactic before and find that 2 vet reps have also used it because they must have read my explanation on the large web site for veterans that I have been a volunteer at, for 20 years.
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 either due to a violation of the VCAA ( 5103 Waiver) ,thus 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, 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."
Edited by BertaGRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
Link to comment
Share on other sites
Top Posters For This Question
16
11
5
4
Popular Days
Jun 23
13
Jun 19
10
Jun 22
8
Jun 15
6
Top Posters For This Question
Berta 16 posts
Buck52 11 posts
treysnonna 5 posts
porgee 4 posts
Popular Days
Jun 23 2017
13 posts
Jun 19 2017
10 posts
Jun 22 2017
8 posts
Jun 15 2017
6 posts
Popular Posts
treysnonna
Mike Hunt, what all do they want to know? Did you write a letter or just call, my husband has been waiting for 5.5 yrs.
broncovet
Berta... I think many Vets are afraid of retaliation from VA if they call. For example, I complained to Allison Hickey. She refered me to the manager, and the manager promptly denied my cla
RickyDee
Mike, I too enquired about retro payment and within one week I got paid. I also got a call from the VA department who handles retro pay to confirm I got it. That surprised me. So they are getting
48 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now