Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Available Subscriptions

  • 0
Persistant

CUE & SMC questions as surviving spouse

Question

I uploaded (last week) some of the decisions my late husband had gotten and Berta spotted a couple CUEs and gave me some help in drafting them.  Berta if you are able to help with a few more questions Please?  

I have only 2 more days till my year is up from the DIC/Accrued benefits claim where DIC was awarded and Accrued denied saying there aren't any.  At that time also, I intended Substitution but the VA form got separated (my fault) and didn't get submitted. I, however, wrote it into the 21-534EZ form and checked it. I also included a cover letter that said explicitly I was substituting for any and all accrued benefits...  They didn't address substitution in their decision.  Now with the CUEs which aren't an accrued yet, do I need to address those 2 forms immediately before the deadline?

Here are some questions I still have if you could clarify these for me please:

A.      Is a NOD for accrued benefits claimed with DIC a year ago needed – to appeal their conclusion that there are no accrued benefits? Would any backpay from these CUEs be considered accrued benefits that I would have to NOD the decision now for?

B.      Is Substitution needed to do CUE claims or to receive any backpay on them?

C.      What happens when future presumptions of ao are added to the list going forward (as a surviving spouse) does it affect anything I can act on?

      1.        Conditions claimed before – either rated or denied sc          

      2.       Would conditions listed in the C-File but never claimed come into play ever as a presumptive?

D.      If CUE is successful:

     1.       then qualifying for housebound or A&A will need to be judged and evidence has never been presented before…

          a.       does the judgement come only from the C-File?  And if so, should I include printouts from C-File to bring attention to issues pertaining to them? 

          b.      Can any evidence be added (from that date and before) since it was never considered before?  And if so, do I include it with the CUE claim?

E.       IHD was first decided as 30% and went back to one year prior to our first claim – effective 2004…the bump up to 60% was effective   .  But the 100% was effective 2006…Should any of those effective dates be different because:

     1.       SSDI was in place for IHD qualification date of 12/2000  

     2.       TDIU decision being effective 2006 (but he was unemployable per SSDI in 2000?) 

     3.        100% decision?   

     4.       100% effective date adjusted back due to Nehmer 2010 addition listing it as a presumptive

     5.       Combination of all the above?

F.       Many of the evidence documents we submitted are not in the C-File and none of the forms we submitted are there to prove what we submitted or said.  Is that normal?

G.     Also, the only SS docs in the C-File are the ones where I outline his conditions and behaviors in answer to the many questions on the intake paperwork for that SS claim.  There’s 4 pages of handwritten (including along margins due to space shortage)  that I doubt anyone is going to wade through but it’s filled with problems he was having.  Should I type it all out and attach it to the handwritten forms?

H.      We submitted the whole SS file but can’t prove it.  We even wrote a letter to our Congressman to help us get a particular letter sent to us by SS along with their decision listing a myriad of restrictions to employment they concluded for him.  I couldn’t find it and neither could SS but the Congressman did try for us. I have those communications too, but don’t want to drown them in paperwork with this claim.  Any thoughts?

Again, thank you Berta. I did try the other people you suggested without success.   

And thank you to everyone here who has helped  me or does going forward!  

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

I suggest you ask a few vet lawyers to look over the CUE claim I wrote for you on page 4 of that thread and ask if they will represent you. Do it in email- too much gets lost in phone calls.

Just copy it into Word and then into your email to them.

It changed the draft I wrote for you when you attached the rating info in the last 2 scans.0020 and 0021 I think.

When they paid me for my SMC CUE, since my accrued claim was filed within one year of my husband's death- as yours was) the payment was a retroactive accrued award.

Any new AO presumptives might impact on you. But  I have no idea what will go onto the presumptive list---if anything new will---

You can certainly file an appeal if you want to on their decision as to the fact that there are no accrued benefits due to you. But their own regulations prohibit payment for accrued when there were no pending claims at time of his death.You have no VA case law to back up the appeal.

There is no time limit on filing CUE claims.

Email a few vet lawyers- try Chris Attig, Bob Walsh, Doug Rosinski, and Matt Hill-they are all members here.

Their email might even be in their profile page.

They all have had my email addy in the past ,I think, but if they don't have it now, they can contact me here on the thread,if needed.

They should know who I am..... Berta Simmons at hadit.

Keep the email Very short and base it Solely on the CUE. Attach the last 2 scans I based the CUE on.

I saw no other potentials for CUE in the downloads.

 

 

 

 

Edited by Berta
added something

Share this post


Link to post
Share on other sites

Ad

  • 0

to add, make sure if they want to see the link ,that you give them the actual thread link that the CUE claim is in.

Share this post


Link to post
Share on other sites
  • 0

I agree with Berta.  I will add this, tho.  If "unsure" whether you must get the substitution or nod in "on time", then by all means get 'er done, and worry about whether or not it is "for sure" necessary later.  The VA LOOOOOOVESS to deny claims that are filed untimely, because those are no brainers.  They can stack all claims that have been filed 365 days and one second  or more after the decision, into a pile, then hire a team of chimpanzees  with rubber stamps that say, "Denied claim, untimely filed" on them all.  

Dont let this happen to you, get it in on time.  VA is ANAL about its one year period even tho VA seems to think its quite okay for them to take 10 years to process your claim and they still self proclaim themselves as "claimant friendly and non adversarial".  

Share this post


Link to post
Share on other sites
  • 0

I agree with Berta.  I will add this, tho.  If "unsure" whether you must get the substitution or nod in "on time", then by all means get 'er done, and worry about whether or not it is "for sure" necessary later.  The VA LOOOOOOVESS to deny claims that are filed untimely, because those are no brainers.  They can stack all claims that have been filed 365 days and one second  or more after the decision, into a pile, then hire a team of chimpanzees  with rubber stamps that say, "Denied claim, untimely filed" on them all.  

Dont let this happen to you, get it in on time.  VA is ANAL about its one year period even tho VA seems to think its quite okay for them to take 10 years to process your claim and they still self proclaim themselves as "claimant friendly and non adversarial".  

 

An attorney wont likely be able to fix a late filed appeal or substitution.  File them, and then if the attorney must amend them, then he may be able to do that.  

Share this post


Link to post
Share on other sites
  • 0

 

I think Matt Hill is the best bet to possibly represent you. He is familar with CUE claims and in the accrued post I recently bumped up in the DIC forum, the link on accrued is from his law firm. It clearly  states that accrued benefits are derived from claims pending at death.

However the only way around that is with a CUE. 

 

 

Edited by Berta

Share this post


Link to post
Share on other sites

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 account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
×

Important Information

{terms] and Guidelines