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Cue Example In My Blog-

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Guest Berta


This is exactly how they go-

and this is the last description of CUE I am giving-

I received award letter dated July 17,1997.

It was for retro active 2 years 100% compensation due my dead husband less 30% that he got.

The veteran's wrongful death had already been determined by VACO and his Section 1151 claim, which I re-opened was set to be granted.

In this decision and 2 subsequent decisions the VARO stated that the veteran was not entitled to SMC "Under any circumstance".

His Sec 1151 disabilities added up to well over 100% - he fulfilled A & A criteria, and had loss of use of both hands as well as other deficits totally well over 100% due to VA medical care.undefensable and substandard per July 1997 VACO -OGC report.

He also had 100 % SC PTSD.

I never appealed this statement as to SMC because I assumed (I was an ass) that 1151 disabilities are not entitled to SMC. MY SO at that time was jerk and had told me none of my claims would succeed.

(I sued him-but I had incurred no damages because I did win all my claims)He never advised to appeal this.

While accessing evidence in 2003 for the direct SC claim I had just filed I said 'wait a minute'-

Berta why did you "assume" anything - the VA has made countless errors in your claims-

Who would know if SMC can be paid to 1151 vets?

I also had a letter from CHAMPVA in which the VA tried to say that Rod's 100% P & T was solely due to his Sec 1151 disabilties- (we straightened that out as he was 100% PTSD P & T and this was my CHAMPVA eligibility. But that letter was at first very very stressful then-"golden"!

I found nothing in the VBM-so-

VA Counsel would know- I was going to call them up-but first

I did a search of VA General COunsel Pres ops and within a few minutes I had their Pres op-"30-97"

regarding a Sec 1151 vet- a quadroplegic due to VA piss poor care- who was already getting SMC under Sec 1151 -the pres op addressed a different issue but I had what I wanted-

it was already established VA law that 1151s get SMC consideration and are eligible for SMC on the 1151 disabilties.There was no delimiting date and the veteran had received 1151 comp as well as SMC since 1964. The pres op regarded solely the level of SMC.The Pres op did not exclude my husband by name nor did it

exclude any type of SMC or Sec 1151 disability.

It was proof that the VA had committed a clear and unmistakable error.

I had a final decision. I had never appealed it.

Its outcome would have manifestly altered the two year retro check I got, due the veteran in his lifetime.

I supported the CUE with the entire OG pres op as well as the letter from CHAMPVA quoting the VA as to P & T 100% under Sec 1151.

Obviouly this was a clear error ,that altered the outcome in retro payments,and is supported by evidence from the VA itself.

That is a CUE claim.

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Hi Berta,

Josh here in Colombia-

I am always looking at your posts for imformation I can use. You have seen my claim in the past and mentioned that my claim was very similar to your hsband´s in that the VA caused quadriplegia and was caused by a certified medicl error. I too filed the tort claim but could not follow through as I was forced to leave the US to get help.

I will see what happens in the 1151 as it is presently being reviewed and they are going to an outside source to obtain a medical opinion. I included three medical opinions that there was an error so it willbe interesting to see what is written on the SOC. I anticipate getting an answer befor the end of the year ande I will certainly post the results here. All I looking for at ths point is 100% SC with R1 (which- I already am receiving 100% NSC pension for) the question will be how far back will they go. Retro for how many years.....

I am fairly certain that if I get that (100% + R1) they will offset the retro bythe amount already recieved. Also since I receive Soc Sec every month, I do not know what the combined effect will be.

I follow you in your quest for justice Berta.

A big hug to you Berta (((((((((((((((((Berta))))))))))))))))


Joseph Hertrich

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John- they will go back to the date of the 1151 claim and- you are correct -most likely offset any NSC pension you received from date of 1151 claim to award date.

With 3 IMOs -I am surprised they didnt award under Benefit of Doubt as that sure weighed the claim in your favor-

I am assuming that either the NSC pensions or your SSA has an offset already?

If you get a "as if" AC award under Section 1151 I dont see how the SSA could be offset to it at all.

If you mean SSA (or is this SSI-a different program?)

Good Luck on this Josh- and by all means- if the IMO they are getting is not favorable-

(seems to me they need 3 too!) make sure you get a copy of the actual IMO.

They did this to me years ago- here the actual IMO (like a dope I never requested it at the time)

supported one of the veteran's SC claims and the VA doctor who went against the 1151 claim- (I called him 2 years ago- what a conversation)he had never been given the most pertinent information from the c file!

My claim was finally decided by the chief medical team at VA Central office.

I am waiting for a VA 'expert ' opinion now to go against 2 IMOS I have-

the VA doc will make medical history if they go against the IMOs and the claim.

(By having to invent some new disease)

I must sound dubious but I am actually prepared to get more IMOs.

I am going to get them from the VA itself-from the actual docs who buggered my husband's care.

You did the right thing here- in 1995-1996-1997 I had no IMOs and finally succeeded-the evidence was staggering-

but I spent long days and weeks and months studying cardiology and cerebral trauma to do that.

IMos are always the best bet with Sec 1151 claims that might involve lots of retro comp.

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