I Won my CUE Appeal - Earlier Effective Date

[jbgruver]

I received my Award letter granting my Appeal for CUE granting me an Earlier Effective Date for my 100% Service Connected Disability Pension.  It stretches from September 1, 1971 to January 27, 2003.  My appeal Lawyer says he has to present a brief to the VRO outlining what I think I should be getting paid.  I was shocked to say the least.  The granting of CUE claims is apparently rare.  I was told that my case may not reach the VRO for another 30 days and it will take some time for  it to be reviewed by at least 3 review officers after the amount of the Award is determined. Determining the amount is very complicated because I went through five (3) "Successful" Marriages during this time window  two children from the first which lasted a year after 1971. Putting the dates together for these Earth shaking events will be difficult as I will have to contact each of my Ex's to nail them down or else research vital statistics at the record centers involved.  I do not think the VRO will want to use the expensive time to go over all of this "Historical Data" and petition me for a compromise? This covers a period of 31 years, 4 months, and 26 days. I would like to hear from others who have gone through this type of process in order to get some idea of what I am facing and how long it will take to get it funded?  The way things are going, with "Savage Barbarians" at the helm, I may just get told to "Go to Hell"?  These are Treacherous times!  My Disability is Bipolar Affective Disorder aka Manic Depressive.  i.e. I am F'ing Nuts!

Edited February 16, 2018 by jbgruver

[jbgruver]

James,

It went to the VARO first and they flat rejected it in short order!  So I filed an appeal to the BVA.  This all started on 02/13/2011 is the earliest date of documents I have on file.  I used a Law Firm that I will disclose if it is okay to do this here.  Until I talked to one of the firms lawyers and he reviewed all of the documents I sent to him I had no idea that there was any chance of doing this claim for a CUE to get an EED!  It took right at 7 years of waiting - I am 74 and I thought I would be dead before I got an answer let alone an award letter!  It has been a L O N G 7 years.  Perhaps I will get to spend a few pennies of it before I am "Pushing up Daisies" or "Sitting in an Urn on the fireplace mantle"?  The only true currency we have is time!  All of the Money and Power in the Universe will not buy anyone one more second of life here when it is time to go!  There is a 100% chance that we will die!  Also we never own anything - we just get to use it while we are here!  These are facts of life that these people that are filthy rich, with, in some cases, enough assets to live like royalty for a hundred or MORE lifetimes and still want more money to HOARD do not seem to address?  When you think of what all that money could do for the poor and less fortunate if they plowed it back into the society that made them rich in the first place?  A few do like Bill Gates and his foundation are spending money all over the world in the most impoverished of areas and nations!

John 

Edited January 18, 2018 by jbgruver

[Guest L]

jmo - I was researching on the Vital statistic website for a document - just today , it was easily access if you have a general date. -

Cost is about $10.00 per request. Since you know the childrens birth dates - it is on the same website, "statistics" .

Each state- generalized -  has a website with specific instructions on how to apply - along with a search engine- where you input names. 

takes about 10 days to receive the document if you apply online. 

 

[broncovet]

Congratulations!   Yours is a good problem to have!  (Figuring out dependents for retro).  You may have to have marriage certs and or divorce decrees for each.  

[Jamezam]

Congratulations JB. I am curious, was your CUE claim handled at the VARO level or at the BVA? Also, how long did your CUE process take from submital until you received your Award Letter?

I have a CUE at the VARO level and I found a BVA CUE case that is almost verbatim to my CUE claim. Same exact diagnosis and same denial reasons. So feel pretty good about my chances. Thanks JB

James

[jbgruver]

Oh my rank at discharge was PFC-3 and I was in the U S Army and not the U S Navy.  My profile states this but the Forum Software thinks differently??

[broncovet]

Yes, it will be helpful to Veterans if you disclose the name of your law firm that won your case, as Veterans on here are often looking for an attorney to represent them at the VA.  

I recently won my case through the help of the law firm Glover Luck.  However, I was a bit disappointed that the lawyer was not prompt at returning calls or emails.  

After a little research, I realized this is not an uncommon problem.  Its my opinion that sometimes Vets expect the lawyers to solve problems that the attorney can not solve.  My attorney was paid by EAJA, and she simply could not bill  EAJA for 20  Thirty minute calls each to educate me on the ins and outs of my case.    That is about 10 hours attorney time.  I think my attorney gets 175 per hour, so that is 1750 dollars that she did not feel she could afford to donate to me to educate me, and I get that.  

Noone else is donating 10 hours of their time to me either, with the exception of hadit members.

A law firm is a business, and it has to make money or fail.  She chose to spend her time with "billable hours" but got me a good result, regardless.  She elected not to explain "every one of my Theories of how I could maybe increase my benefits."    She just went with the one she felt best.  

The bottom line is an attorney is probably not the place to go for "hand holding".  A Vet should come to hadit for that, or maybe their PTSD/depression counselor or spouse.  Im okay with that.  When I go to McDonald's I dont expect the clerk to be able to explain how/if McDonads treats cows humanely and if it was Mrs. Kroc who donated 40 million or so to the Salvation Army to help homeless.  So, I limit the questions to things like, "Can I get that with cheese"? 

I also get 2 helpers with my Vets claim:  An attorney and someone that I can cry on their shoulder when I need it.  For example, when I get delayed 5 years.  

Now, I dont spend too much time with Vets questions such as "How long will it take VA to....?" because I dont know.  Nobody does.