Dependants in CUE

[RBrogen]

Quick question to see if anyone knows what happens if you win a CUE relative to back pay.  Does the VA automatically calculate any back pay based on individual solder and then you have to send them marriage cert, birth certs/ssns to show when you had your dependents added?

I'm just curious ... not getting ahead of myself but IF I am fortunate enough to win my cue, it would mean back pay for 20 years and would also mean that I would have changed from 20% in 1999 to some higher number.  That would mean that my wife and children would also come into play starting in 2001 instead of 2019 like it is today.  I have all of that data ready but I was curious if they send you a letter first requesting it before back pay is released or if they do the initial backpay at single and you have to make the adjust it.

Thanks as always,
Randy

Edited January 3, 2020 by RBrogen

[Vync]

If your CUE results in a higher combined rating that qualifies you for dependents (30% or higher), the VA should grant you the benefit.

[Berta]

I agree but they might ask for dependent info again-

I had 2 experiences with this-

when VA finally awarded my SMC CUE they did go back to add my daughter as a dependent.

(However I have filed an additional CUE on that part of my award letter- they paid 6 months  100% P & T under 1151 SMC but owed me two years of 100% P & T SMC accrued ) and a CUE over another legal error they made.)

when the Regional Counsel, in 2005 ? forget when- had to be contacted for info regarding my FTCA matter he called a CUE on them because they had withheld almost 40,000 at that point in DIC , over my agreed upon FTCA offset.

He saw my unacknowledged letters to them.When they were ordered to pay me ,they did include my daughter on part of that award, up until she graduated and joined the military.

I had received DIC on paper, no check, until the offset had been recovered but my RO erred in every situation I had with them and continued to withhold the actual DIC until re opened my claim for direct SC.

The BVA ( this all might help someone out there) had declared a prior BVA appeal I had with them as a moot issue because I had won the claim at the RO level and never let them know-I thought my former vet rep had done that. But the BVA decision made the point that, if I succeeded on direct SC death at any point, the full FTCA offset would have to be refunded to me.

I succeeded in the direct SC death, 2009, and wrote to VA about the offset and they again ignored my letters, and the statement from the past BVA case, as evidence. I got so mad I called the OGC.

A top lawyer from OGC ordered them to pay me, and they did.

As a hardcore claimant they had made just about every error they could on every one of my claims.

When we know we are right  and fight back, the battle is worth the knowledge we attain from it.

I imagine they try to pull crap like this on many widows....

They want us to be completely unaware of VA case law.

Make sure, all of you, who get any type of retro-to check it over carefully.

I have an audit in progress on that matter. They still owe me money.

If any of you got a Nehmer award that included an "estimated" amount,as the award said, it might be way off , regarding the retro payment they made to you.

 

 

 

 

 

 

 

 

 

Edited January 3, 2020 by Berta

[broncovet]

Its my "opinion" that, if you have already sent VA notices of your dependents, along with the forms and birth certificates, etc., if you win an earlier effective date via CUE, the VA "should" also pay retro compensation for dependents.  If they do not, call them out on it.  If you say nothing, then the VA will pull stuff like this.  

You want to check your retro to see if its accurate, and do something if its wrong, such as you are missing dependent compensation retro.  

If you have never added these dependents, dont expect VA to know about them.   

As Berta said, they often make mistakes on this, and they almost always favor VA, not us.  

You can ask for an audit of retro pay if you think it was in error.