VA Regional Office Aduit? For EED

[Buck52]

@ Ms Berta

Ms Berta

What all is involved if I was to send in a claim for them to Audit  my claim/claims  back to 2002/2003 For a better EED?    THIS WOULD BE TO ASK THEM TO GO BACK TO THE DATE I FIRST APPLED FOR IU which should be around 2000/2001.

OR use the date I had to stop working  which was 1999.....but I know I will need a Qualified Dr to read my records and give me an examination (IMO)  To state it is likely as not this veteran  I could no longer work due to my service connected disability back in the year 1999.

  It's not that much time as for as any retro  maybe some retro  but for me  it would bring my EED up to the 20 year mark.

I don't have the Documents I need,,...example  when I applied For IU and was denied  I only have the first page of the 21  -6840    I can't find the second pages to it in my C-file?  It seems to be missing from my C-file.  it should have a later date on it  and beings the date is on the second page of this form  I NEED THAT PAGE...would the VA be honest and produce it  if they have it in the VBMS?  

Also is this the only thing they look at  and not go into other things in my C-file that has been adjugated and service connected.

I last recieved my C-FILE in 2015...should I request it again?

or in your opinion should I just get an Experienced Attorney or VA Accredited claims agent to work this for me?

Thank You in Advance.

Buck

[Berta]

Asking VA to do an audit can be a real time consuming PITA.

I was fortunate that, although VA ignored my requests for audit long ago, the Regional COunsel requested one and that brought me about 40 thousand more in retro that I knew was due me, but 

I could not get the RO to address my request.

VA recently sent me a new audit but it was a copy and paste of the older audit.

I am going to appeal but am thinking of a better way to shape my issue to them.

I gave them all of the math they needed to properly resolve 22 months  of 100% P & T. 

I filed an additional CUE that might get the resolve I expected from the audit request.

The issue is simple- my husband was declared 100% P & T by a VA Neuro as well as another VA doctor,for his 1151 stroke.

Voc Rehab stated he could not attend Corning College anymore due to the stroke.

A former VA secretary

in a letter to me, stated he was 100% P & T due to the 1151 stroke.

The Va had even more evidence than all of that but they refused to read and I already The Director called me twice on this- and she said my husband was 100% total but not 100% Permanent and that the case was Closed.

The BVA (part of my evidence) has made it quite clear that a veteran with 100% in their Lifetime, is 100% T & P in their death, as permanancy is determined if the 100% Total  disability lasts the veteran's lifetime. ( unless the VA offers them some miraculous cure.)

I asked the director what CURE they gave my husband -yet never told him about?

Her Ridiculous statement is in a complaint I filed with the IG.

I have learned to be very patient with the VA because they had tried to go against e multiple times, and they fail.

However I will be taking off much time from hadit soon, because I need to resolve my VA  issues.

I am involved in many things that have nothing to do with VA claims etc, but am pealing down everything- even dropping out of a church club I like,  because, we must learn to focus on our claims, without too many  distractions, and give our claims the priority they deserve.

No one else will.

 

 

My husband won the first ADA EEOC case here in NY but the settlement was not very large because he  became 100& P & T disabled by the 1151 stroke and could not be rehired , under the law.

I have more evidence than that.

The point is you need evidence to prove they erred in any past audit or retro they gave you.

In my case, I am not perterbed by the denial because I have another CUE pending on this anyhow- although they told me they cant find that additional claim-

VA has denied every claim I ever had, but with perseverance I succeeded.

I suggest that you file a CUE on any past decision that you believe is wrong but make sure you identify their legal errors.

This AM we had a prime facie CUE scenario here- from a new member.

The CUE is so obvious that I wrote a CUE claim for him to use.

Maybe that will help you prepare a CUE on any decision , even without an audit done, that reveals they did not properly pay you the retro.

But maybe this is the best bet:

"or in your opinion should I just get an Experienced Attorney or VA Accredited claims agent to work this for me?"

If a  NOD was filely timely I suggest you try to get a lawyer but I am not familiar with your situation.

I have ony seen a few Prime facie  situations here over the years, with enough info from the vet (this vet gave us a link to his actual decision)

and it was easy for me, and any one here to prepare a CUE claim for him.

 

 

 

 

 

Edited January 14, 2021 by Berta
cloud

[Berta]

Kansas Navy , a newbie, came here with a bonafide basis for a CUE claim:

I am sure I am not the only one here who recognized this prime facie legal error.

That is why I could take the time to prepare a draft for him of a CUE that others might have more input on.

I think I can add one more legal error they made, but have not had the time today to do that.

A Prime Facie CUE is a legal error so obvious that anyone should be able to see it.

Also please read my post here today on 38 USC 5109A.

[Berta]

https://community.hadit.com/topic/83150-38-usc-5109a-cue/

Please read my advise in this link-

PS I think you said you are not sure if the Va had an authorization form for acquiring your SSA records.

SSA ( SSDI awards) if solely for the same SC disability are highly probative as evidence for TDIU.

If VA never gets an authorization form from you ( I posted the form here not long ago available under a search) they cannot base a TDIU on either the last day you worked or on anything else that would impact on a different or more favorable EED.

Edited January 14, 2021 by Berta
typo

[Buck52]

Roger That Ms Berta

I get the over all picture  and read your links and very informative,, as for as VA looking at my SS RECORDS  Well I never recieved SSDI back then  I tried to get it (in 2003,) and was denied 2 times, their reason was I never had enough work credits to be eligible for SSDI  They said.

.I was 51 years old back then and could not work due to my S.C. Disability and awarded the TDIU /W P&T.......I explained to SSA why I could not work anymore &  submitted my Award letter for the IU  still they denied on ....>not enough work credits.

  but get this 11 years later I turn 62 and filed for retirement from SSA  and they gave me my retirement, although it was not that much about 1000.extra monthly..so I had paid in enough for the retirement pay  but was not eligible for the SSDI.

So me being a newbie back then  I decided not to per-sure the SSDI as I  was denied twice  and my next step with the SSA was to see a Judge..well since they said I never had enough work credits. I felt I never had  a chance at getting the SSDI so I just stopped presueing the SSDI

I am not sure about an audit with the SSA?

If I can't find the records I need to use as evidence against the VA...well I won't be filing for the Audit///I just was going through my C-file And found things that just don't add up  and dates on rating sheets are all wrong, but that could be trying error  and VA gets  the correction on that. and Vet is out. 

The way they gave me the IU Award  was using an IMO ON A SPECIAL DATE  Dec 20 2002   from a PRIVATE  Specialist Dr Opinion  and the IU was awarded May 7th 2003  about 5 months of retro     I stopped working in 1999  and filed my VA Claim in 1998. I filed for the IU in 2001  but only have the front page of the application 21 -6840  The date is on the second page   and I search all over the place for that  but can't find it  its not in my C-File   my only other chance is get with a VSO OR ATTORNEY with VBMS Access.  see if its in there system.

I had even wrote out this  ''beings my claim as been under total  and constant prosecution since April 22 1998 (date of first denial) I  find the records in my possession I should have been awarded IU back to 2000 When I was awarded a 50% increase on my s.c. disability hearing loss) from a reopen claim I filed in 1999..I feel the 0% denial should have been awarded on the evidence I used for the increase...my hearing was just as bad if not worse from the time I was denied in July 22-1998  when I was denied and then NOD that decision and was given Service connection in 2000  at 0% that claim was ''reopen and in 2000  and was given a 50% rating.

.I claim my hearing loss was just as bad the very first time the VA Tested my hearing on date 6/20/1998  I mean you don't just go from  a 0% service connection to 50% within one years time. Although  my hearing loss did slowly start to worsen  back in 1977  that is documented  but never filed a claim back then and since my hearing only got worse  due to loud noise while in military.

   it was from 1977  to 1998 It was worse enough to have to stop working...because of communicating with people  even my family. I had my own business back then and had to close it due to my s.c. disability. Oct 1998.

I mention all of this in my  support statement of claim.

Most all of the VA Hearing test as different dates  but theVA audiologist that tested me mention that I did not  cooperate and give reliable results during the testing AND COULD NOT BE USED FOR RATING PURPOSES (which is nothing but B.S.  ..... anyway they said these test could not be used for rating purposes  but they had to use one of those test  back when they awarded me the 50%..I had went to a private adologist and sent that test in  and they may have used that test too.  Most all these records have been taken apart or taken out of my C-file and some very important information in them is not in my C-file for me to use as good evidence to support my claims.

After a VA Audiologist tested my hearing  he wrote up his report and mention the profound severe hearing loss  & that he had and even said veteran  could not hear at shouted speech and had to used facial cues to understand what was being said  and he check my prior records and found I had a diagnose for Depression back in 1977..from another VAMC...depression WAS due to my hearing loss..but I never filed a claim for anything back then..but then this same audiologist After giving me a good report to file claim for hearing loss he stated I was not reliable and did not cooperate during the test  and this test can not be used for rating purposes   its like he had double standards  and never Amnedended his report  BUT ITS OBVIOUS THEY USED THAT TEST TO RATE ME THE 50% IN APRIL OF 2000.

As for as going from 50% to the 90%  they did it this way at a DRO Hearing I had to have to rebute a VA ENT  C&P Examiner  that tried to have my 50% reduced...

Anyway the DRO Used my private specialist that tested me  using VA HEARING GUIDLINES AND DID THE TEST ACCORDINGLY TO VA SPECIFICATIONS  the results were  10% for tinnitus  that put my rating up to 60%  then using this specialist test   the DRO gave me a 30% increase  and that put my combined rating at 90%  and due to my hearing loss was so server  he awarded me the TDIU P&T As Chronic and not to improve in my life time and with no exams to be scheduled...I've had this rating  since 2002 and 2003....tinnitus was dated back to a later date of 2002  and the increase was dated from May 7th  2003  the date of my DRO Hearing   and  I had the 50% dated in 4/'4/2000...so I have this 50% at the 20 year protection

...but I want me hearing loss to have a effective date of 1999  the year I had to stop working and had to close my business or the year I was awarded the 50% back in April of 2000....any of those dates would give my the 20 year protection  on my service connected disability for hearing loss alone...since all this I filed another claim  for PTSD  in 2014  and was awarded a 70% service connected rating  and was giving the 100% scheduler and SMC S.  Not much retro  but my reason to get this right is the 20 year protection. I should have that already on my hearin gloss/tinnitus claim  that I filed back on June of 1998..but I am going by the dates I was denied  mostly.

I get confused on my filing dates   I found a earlier record as to when I first filed  originally I had thought it was aPRIL 4 1998  BUT FOUND ANOTHER RECORD Where I had fist filed back in June 1998.

 

A lot of important records have been strip from my C-file  that is obvious...its so bad it keeps me from refiling anything. without the evidence I need   filing would be a waist of time...even if I had to make them do a Audit all of this with a Written Writ  it still would be useless  without having the evidence needed.

 

  ***Note****(SOME DATES I MENTION MY NOT BE ACCURATE, BUT CLOSE)  I'D NEED TO PULL THE RECORDS TO BE PRECISELY CORRECT) BUT THIS IS JUST A QUICK RUN DOWN ON THE ADJUDICATION OF MY CLAIMS TO THE BEST i CAN REMEMBER  WITHOUT LOOKING AT EACH RECORD FOR DATES.)

 

Thank you for all your Help Ms Berta  I appreciate it.

[Buck52]

Just Another reason I would like the correct EED on my claims is

Alex Graham (Asknod)  mention a couple years ago about a Vietnam Veteran he was helping as this Veteran was 19 years and 9 months on his 100% service connected disability  and he was sent a  VA letter to reduce his benefit's (OUCH) he had no claims pending  it was just out of random.

..I realize that is a dirty thing to do to Veterans  but the VA obviously has no Heart or well Feelings toward disabled Veterans  and this is what prompt me to check on my claims for a EED.  plus I notice some wrong dates in my award letters and rating sheets  and different effective dates over all .

I would like the correct dates  and I believe they would render me a EED back to either 1999.0r 2000  which either of these two dates back dated to my EED of 1999 or 2000 would put me up to the 20 year protection Rule.

But as my C-FILE is the only hope I have  but that hope has been taking away because of the missing records that's not in it.