CUE Motion

[Jangs1963]

So in April 2019 my atty. filed a CUE Motion. Today I contact the 800# and was told my CUE Motion is in the file but no action is being taken because it is on the wrong form. Does a CUE Motion override the need to file a form? The person on the other end said my atty. needs to fill out the V9 and submit that. Is that correct? Any help would be greatly appreciated. Thank you. 

[Berta]

" I just had surgery on my elbow in Feb. and my claim for my elbow is now sitting in the long list of appeals. "

Can we see their last denial?

( Cover C file, name, etc prior to scanning and attaching it here.)

[Berta]

https://www.va.gov/disability/eligibility/special-claims/1151-claims-title-38/

 A better description ( from VA) than I posted.

After my husband died, with a 1151 claim pending, I won that claim and about 4 more, solely due to VA's incompetent medical care.  I won FTCA as well for his wrongful death .

They failed to properly diagnose and treat his HBP, Heart disease, Diabetes Mellitus, and his stroke.****

His 1151 claim was primarily based on his PTSD-but with his concerns on other problems he had that he felt they had misdiagnosed.and they did start to give him better PTSD treatment, but he died 

a few weeks after the PTSD inhouse program.

**** I have a pending claim  for AO Hypertension,

He was awarded unde Nehmer for the AO IHD, 100% P & T under 1151 for the stroke, and th Diabetes Mellitus was so badly misdiagnosed that they VA never rated it- that'a ok- It was the most important claim I ever had.

It gave my husband Peace with Honor- and me too.

The VA seemed reluctant to give you an MRI-and that revealed that you needed surgery-

if you consider 1151, th surgeon ( I assume that was a real doctor ( non VA doctor)might be willing to give you an IMO/IME if he felt, with your medical records, that the VA failed to adequately treat you , early on.

I had to threaten to call my congressman to get a CT scan done on my husband- who could not talk, see well, or walk, when admitted for what his doctor said was labyrhinitis-the CT sca revealed it was a major stroke and other areas of brain damage, ( that I proved were misdiagnosed by the VA in many trips we had to make to the VA ER, which also misdiagnosed his heart disease as a sinus infection.

I didn't file the diabetes claim  under 1151, but under direct SC death due to DMII (AO) contributing.

No diagnosis and no treatment in his medical records at all.

It was a lot of work , a lot of study of Endocrinology etc etc ,and I wanted to be sure I had a successful claim, before I paid for an IMO- and I  got 3 IMOs, and won.

I get google alerts about 3-4 times  week on VA malpractice cases.

If I can ever get my Bill passed i the H and S, there will be a way to stop some of it.

The federal contractors who work for VA as doctors, etc are not liable under FTCA, but they are ,under 1151. I am trying to get that travesty changed,.

 

 

 

 

 

Edited November 9, 2019 by Berta

[Jangs1963]

I do not have access to scanning during the weekend. But during the week I do. I will scan my initial claim and decision and post. My local VA only has two orthopedic doctors. My MRI clearly stated significant abnormality attention needed. The VA still made me wait another month to review my MRI results. I couldn’t move my arm for an entire year and the pain was excruciating. The one who initially treated me and got angry wouldn’t even come in the room. He had his PA in with me who was going to actually give me another cortisone shot until the 2nd orthopedic doc came in and I asked if he can look at my report. He was going to schedule me for surgery. Which I was okay with but I asked if he was going to fix the entire elbow. He was the one who said he could only do one part. He said it was to intricate to do all of what needed to be done and was referring me out. I told him I made an appt with a top surgeon and he said that was the doctor I was going to refer you to. Nevertheless, my primary insurance paid for it. I went to the VA and told them I was referred out and the VA should have paid it. I did fill out a form for the 100% during recovery but i never received a response. I’m assuming bc they refuse to sc it. That’s why it’s on the appeal list. 

[Jangs1963]

You were absolutely correct. The Cue Motion got kicked back. It was filed incorrectly. I contacted my atty. again and told him what I have learned again. I indicated I would file the correct form. His response was, “I will file it.” If I don’t see it show up by next week, I will file it myself and remove him as my representative. I went thru this with a local vet rep and nothing was done. That is why I opted for an atty. Next time I will do it myself. I mean if I’m doing all the follow up work on this, what am I paying him for? It’s just frustrating to say the least. 

[Vync]

19 minutes ago, Jangs1963 said:

You were absolutely correct. The Cue Motion got kicked back. It was filed incorrectly. I contacted my atty. again and told him what I have learned again. I indicated I would file the correct form. His response was, “I will file it.” If I don’t see it show up by next week, I will file it myself and remove him as my representative. I went thru this with a local vet rep and nothing was done. That is why I opted for an atty. Next time I will do it myself. I mean if I’m doing all the follow up work on this, what am I paying him for? It’s just frustrating to say the least. 

I'm sorry you're having to go through this.

With the changes to the process earlier this year, the VA has became sticklers for filing on correct forms. The idea is that if everything is standardized, then they can process claims faster. In theory, that is a great idea. Unfortunately, I had the same experience as you earlier this year where they said I filed on the wrong form.

On the bright side, unlike regular claims for SC or increase, CUE claims do not have a time limit. I know it would have been great to have your claim processed in the correct manner. The attorney might have passed it off to a paralegal to prepare, but they didn't know. Either way, you would think an attorney would know which form to file and at least catch this before it went out in the mail.

[Jangs1963]

The thing of it was, I brought it to his attention last month and asked him to check on the status which he said he would. I heard nothing. I emailed him again and told them what the 800# told me this month. He said it didn’t make sense and he would check it. Nevertheless, I did not hear back from him until I sent a lengthy email the other day. I would think an attorney who represents veterans follows any changes being made. And, I would think he should be the person following up especially if you heard nothing in 8 months. If it wasn’t for this site, I would have never checked up on it or knew what should and shouldn’t be done. So I’d like to thank this site and those who respond and try so hard to help others not so familiar. Thank you.