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!
Question
Persistant
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!
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