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

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    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

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marina53

Where is the $$$ ?

Question

My husband's CUE was approved by the BVA in August. The letter from them stated we would be hearing from the VARO within one to two months.  It has now been 4 1/2 months and nothing, no letter, no money. His attorney is filing a court order so that we can be paid and said that this is happening more and more frequently.  BVA approves CUE and then nothing happens.  Has anyone else experienced this? We were so thrilled that the CUE was actually approved after so many years of waiting, but now we are at an impasse once again. How long does it take to get paid????

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After 15 days of your decision  call thew 1-800#  and call your VA Reginol Office ASAP.

also check the status on e benefit's 

Larger Retro Amounts take longer to be approved for waiting officer 3rd signature.

https://www.va.gov/disability/about-disability-ratings/after-you-get-a-rating/

Note: when you do get your retro check...check the dates carefully make sure your paid for these 4 1/2 months  ...don't let them beat you out of one  penny!!!

If we own (VA) then you can bet your boots they get every penny back.

 

Edited by Buck52

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They are holding back too many retros Buck-

The BVA is working faster than the ROS BUT this is a problem for many here-

I used to say complain via IRIS- now my advise is to call the White House Hot Line.

Marina, that is great that you won the CUE!

If more vets start complaining to the WH Hot Line, maybe something will be done about this- heck I used to get the $$$ before the award letter came.Many of us did.

 

White House Hot Line 1-855-948-2311

 

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." His attorney is filing a court order so that we can be paid and said that this is happening more and more frequently. "

GREAT! It is probably a Mandamus Writ and will appear on the US CAVC site as soon as they decide it.

(It would be great if it was a Class Action writ  !!!!! for ALL adversely affected.)

The most recent writ of mandamus was decided in about a month- my PC is acting up because of the storm ( we expect 2 feet of snow)this might not post

It is Pequignot V Wilkie- the claimant however asked writ be dimissed because his RO did send him what he had asked for http://m.uscourts.cavc.gov/RecentDecisions.php

  (18-6725)

By filing a mandamus writ and by sending a copy of it to your VARO-it sure  might get some thumbs out of the RO butts,.

Long ago I filed a mandamus writ and the court (COVA I think then) denied because I had not exhausted all avenues of appeals- true- but how do you exhaust all avenues of appeals  when your RO cannot read?

I did send copy of the writ to my RO and within a few months they awarded.

 

Edited by Berta
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I agree with you Ms berta...

I know when I got my retro 17 years ago it had been in the bank for 2 weeks and we didn't know, we were still eating Bologna Sandwiches.

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Congrats on the win, and sorry to hear of your growing headache. I helped 2 Vietnam vets get 700k and 279k and it took about 6 months for both of them to get all their money. The VA had to do a Financial Audit on themselves to verify Accuracy. Just try to hang in there, the War is won, just wait for the Battles to go thru. Good luck and God Bless

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    • No timeframe gotta love that answer it’s even better when you ask 1800 people or call the board directly they’ll say you’ll know sooner then later. I had mine advanced and it was about 2 months later until I had the decision in my hand which seems forever but in the present system in 2016 lightning fast...
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    • Thank you @GeekySquid for your reply. 

       

      I have redacted personal information for my documents listed below. 

      I look forward to your reply. 

      HEADACHE STR 2006 copy_Redacted.pdf

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    • Hello Defenders of freedom!

      I have a question pertaining to this denial for headaches. The decision letter is quoted below. 

       

      3. Service connection for headaches.

      "We may grant service connection for a disability which began in military service or was caused by some event or experience in service.

      Your STRs are negative for any treatment of or diagnosis of headaches. On your post-deployment exam in 2005 you denied any headaches. On separation, you denied any headaches. VA treatment records are negative for any treatment of or diagnosis of headaches. On VA exam, the examiner stated there was no evidence of any residuals of a traumatic brain injury.

      We have denied service connection for headaches because the evidence of record fails to show this disability was incurred in or caused by military service."

      From my understanding these 3 points must be overturned to successfully win a CUE case:

       (1) either the correct facts, as they were known at the time, were not before the adjudicator or the statutory or regulatory provisions in existence at that time were incorrectly applied; 

      (2) the error must be undebatable and of the sort which, had it not been made, would have manifestly changed the outcome at the time of the prior determination

      and (3) a determination that there was CUE must be based on the record and law that existed at the time of the prior adjudication in question.  

      @Berta, or veterans out here who have knowledge/experience, tell me what facts you think would be needed to prove this denial for headaches was an error? 
      • 14 replies
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