Berta Posted April 11, 2018 Share Posted April 11, 2018 https://community.hadit.com/forums/topic/71197-cue-for-anemia-right/?page=5#comment-443821 Thadine- a Job Well done! I did a cartwheel for this one. ( mentally) he he Link to comment Share on other sites More sharing options...
Berta Posted April 12, 2018 Author Share Posted April 12, 2018 I was wrong- sorry- the vet rep caught the error right away and did something about it!-no CUE filed, no need for NOD and long appeals process........Fantastic. This is why I asked the former Secretary for a regulation or Fast Letter on VA errors (raising to CUE level) that vet reps, lawyers and claimants should be able to get corrected right away on new decisions. It could help reduce the appeals backlog. Link to comment Share on other sites More sharing options...
HadIt.com Elder Buck52 Posted April 12, 2018 HadIt.com Elder Share Posted April 12, 2018 Ms berta unless you mean the veteran has been denied? You Mention this ''I was wrong- sorry- the vet rep caught the error right away and did something about it!-no CUE filed, no need for NOD and long appeals process.''.......Fantastic''. if 1st the year is up and veteran is in his NOD time limit and of course to be in NOD situation the veteran needs a denial...and one year to present the argument or evidence that would change the outcome of his claim. Now Only on a first time claim (not meaning any other claims in NOD) But say a separate claim , ok this veteran has a year to present his evidence and anything a VSO Rep has to send in or catches but this is only during the 1st year of the claim correct? Cue claims would not matter but even CUE would also be in NOD Time limit correct? How can a veteran file an NOD on a claim that has not been denied? Link to comment Share on other sites More sharing options...
Berta Posted April 12, 2018 Author Share Posted April 12, 2018 "How can a veteran file an NOD on a claim that has not been denied?" My main CUE awards were based on award letters that contained CUE. My so called vet rep talked me out filing a NOD. 1998 The last NOD I filed was on my AO IHD award. I thought this was a CUE claim, definitely appealable right away. However the Vet rep took it upon him/her self to directly get it corrected- internally. That CAN BE done and we should not even have to file CUES or even NODs, if vet reps were as sharp as we are here on recognizing a CUE right away. And as sharp as this vet rep was. The problem with VA claims to a high degree is that we get lazy assed vet reps who do not understand ( or maybe just dont want to understand) VA case law at all. In my 1998 award letter, the rep talked me out of fiing a NOD but his rationale did not make sense to me and I was tired of the battle that award took. My evidence was a two page settlement with the US of A ( signed by the attorney for the OGC -VA,for the wrongful death of my husband, caused by years of VA 'health care'. The VARO refused to consider this agreement so I called General CounselVA in DC and asked for more money. OGC called my RO and they prepared a proper DIC award letter, under 1151 ( at that time) By 2003 It still bothered me so I filed- so far, 4 CUEs on it and won them all. I am actually preparing another CUE claim on it.Or maybe on my AO IHD award. It will be FUN. I am sure the income VA raters get is much higher than ours. You would think they would be able to properly read or claims and evidence, but they dont in many cases.Yet you vets already paid for the whole 9 yards of VA, and their jobs , with your service. I like finding their legal errors because it is what I have learned to expect, having been a claimant myself many times in the past 23 years. Link to comment Share on other sites More sharing options...
GeekySquid Posted September 22, 2018 Share Posted September 22, 2018 On 4/12/2018 at 9:10 AM, Berta said: vet reps, lawyers and claimants should be able to get corrected right away on new decisions. Ms. Berta, Have you considered writing an E-Book on CUEs, appeals and Fast Letters? Amazon will let you self publish and sell and frankly your experience and timeline/template setup with examples of cases of Real CUE's that were successful and even those that failed might help more vets than you can directly reach on here. Just a thought :) Link to comment Share on other sites More sharing options...
Moderator broncovet Posted September 23, 2018 Moderator Share Posted September 23, 2018 Berta is correct. The one thing VA needs to fix is communication between Vets and VA employees. Its very bad. If you go to McDonalds and the fries are dried out and tasteless, you present them to the manager, explain why they are inferior quality, and he gets you a fresh batch and fixes your problem immediately. If they were like VA, you would file a nod that your french fries were dried out, and, 5 years later, you might get a coupon for a new french fries. This costs VA mucho money also. Hundreds of man hours are squandered because VA wont fix a problem on the spot, which should be fixed. Instead, the VA has 500 lawyers on staff to defend the VASEC on the decisions. Mr. Roberts, on the Supreme Court was "startled" that the VA takes a position "against the Veteran" which is substantially unjustified, about 70 percent of the time. This means the VA spends tons of money on lawyers fighting Veterans on their benefits, when at least 70 percent of those Vets deserve their benefits. With salary and benefits, and administration, these 500 lawyers earn about 150k per year each (or more). This alone is 75,000,000 dollars of money which should go to Vets squandered on unnecessary lawyers, when a sharp GS8 should be able to look at 70 percent of these and say, "gee, that is cue, pay the Vet", after reviewing the file for 30 minutes. Worse, the VA clogs their own backlog system by wrongfully denying those Vets. Link to comment Share on other sites More sharing options...
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