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7 replies to this topic

#1 RSG

 
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Posted 21 December 2010 - 08:06 AM

OK, this is how it is. I have proven that the VA has been wrong about my claim from "69". Both my original decision from 2009 granting my service connection for 70% and my most recent decision for IU (100%) was granted also. There is now no doubt that the VA has been wrong and lying about my claim for the past 40 years....I want to say also that the VA did illeagl things with refrence to my claim. They denied me any outpatient care from the first decision in "69"... They have been doing nothing but lying and feeding BS to me for this 40 yrs. time....How can they deny me outpatient care when I served honorably have an honorable discharge? Isn't that illegal? This situation with the denial of outpaitient care is specifically, I feel, what caused all the mental and physical issues I have now....What Can I do about this.....The CUE was submitted a couple months ago..... Tnx

Edited by RSG, 21 December 2010 - 08:13 AM.


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#2 Berta

 
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Posted 21 December 2010 - 08:50 AM

"OK, this is how it is. I have proven that the VA has been wrong about my claim from "69". Both my original decision from 2009 granting my service connection for 70% and my most recent decision for IU (100%) was granted also"

Ron do you mean they awarded the CUE claim?

I sure felt that you had a very valid basis for CUE but am not sure what you mean here.

"How can they deny me outpatient care when I served honorably have an honorable discharge? Isn't that illegal? This situation with the denial of outpaitient care is specifically, I feel, what caused all the mental and physical issues I have now....What Can I do about this."

I am not at sure sure what you can do because they have screwed MANY vets the same way--

For example say a vet dies with TDIU claim ion progress and then the survivor succeeds on 100% SC and accrued benefits.

The veteran however- lets say- was NOT eligible due to their rating for the VA Life Insurance program yet after their death their posthumpus EED covered this as potential benefit they could not apply for with the older rating-

another example is the THOUSANDS of Personality Disorder vets who have sued (Vietnam Veterans of American recently sued for them)


where is the fairness for these veterans wo were denied all sorts of VA benefits for decades?

I hope others chime in here because you raise the issues of unfairness that impacts on many veterans.

Can something be done and what? don't know what but something should be done about this .

Did you actually win the CUE?????????

#3 RSG

 
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Posted 21 December 2010 - 09:20 AM

Hi Berta,
No I have not won my Cue yet. I did however accquire my 100%. I filed the CUE only a couple of months ago, I needed to wait till the 100% came thru. And apparently the issue with actually denying me outpatient care is in my file in black and white....I just wanted to know if it is Illegal for them to do that? especially when my service was completely honorable....
Tnx

"OK, this is how it is. I have proven that the VA has been wrong about my claim from "69". Both my original decision from 2009 granting my service connection for 70% and my most recent decision for IU (100%) was granted also"

Ron do you mean they awarded the CUE claim?

I sure felt that you had a very valid basis for CUE but am not sure what you mean here.

"How can they deny me outpatient care when I served honorably have an honorable discharge? Isn't that illegal? This situation with the denial of outpaitient care is specifically, I feel, what caused all the mental and physical issues I have now....What Can I do about this."

I am not at sure sure what you can do because they have screwed MANY vets the same way--

For example say a vet dies with TDIU claim ion progress and then the survivor succeeds on 100% SC and accrued benefits.

The veteran however- lets say- was NOT eligible due to their rating for the VA Life Insurance program yet after their death their posthumpus EED covered this as potential benefit they could not apply for with the older rating-

another example is the THOUSANDS of Personality Disorder vets who have sued (Vietnam Veterans of American recently sued for them)


where is the fairness for these veterans wo were denied all sorts of VA benefits for decades?

I hope others chime in here because you raise the issues of unfairness that impacts on many veterans.

Can something be done and what? don't know what but something should be done about this .

Did you actually win the CUE?????????



#4 john999

 
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Posted 21 December 2010 - 09:22 AM

I got a 10% rating for Chronic, schizophrenia in 1973. The VA excluded my doctor's report from the rating which said I was unemployable and incapacitated. So far, I have lost my CUE at the VARO and the BVA. Orignially, I was kicked out as a PD even though I was in the hospital. Is that fair?
The BVA told me that just because a decision is grossly unfair it is not a CUE. I was outprocessed while still under treatment and dumped on the street outside an Army base. It that fair? I am still fighting, but it seems fairness has nothing to do with it. Legal technicalites have everything to do with a CUE.

#5 carlie

 
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Posted 21 December 2010 - 09:26 AM

Hi Berta,
No I have not won my Cue yet. I did however accquire my 100%.


RSG,
Have you already gotten a decision from the DRO Hearing that you just had
on Dec. 8,2010 ?

If yes, did the DRO raise your percentage to 100% in the Rating Decision ?

#6 RSG

 
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Posted 21 December 2010 - 09:29 AM

Hi carlie,
I have not seen a decision from the DRO on DEC. 8, 2010 what do you mean.....They raised it prior to dec. it was a couple of month's ago...I have requested a copy of my c-file a number of times so I can see what's going on and I keep getting put off. They won't send one..
ron

RSG,
Have you already gotten a decision from the DRO Hearing that you just had
on Dec. 8,2010 ?

If yes, did the DRO raise your percentage to 100% in the Rating Decision ?


Edited by RSG, 21 December 2010 - 09:31 AM.


#7 carlie

 
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Posted 21 December 2010 - 09:48 AM

Hi carlie,
I have not seen a decision from the DRO on DEC. 8, 2010 what do you mean.....They raised it prior to dec. it was a couple of month's ago...I have requested a copy of my c-file a number of times so I can see what's going on and I keep getting put off. They won't send one..
ron



RSG,
I understand now, thanks for updating your profile to reflect the 100 percent.

#8 broncovet

 
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Posted 22 December 2010 - 09:53 PM

The VA has many, many things that are unfair, and I agree, that the VA needs to be held accountable. There is an Inherent unfairness about the VA from the get go.
Example: Why are claims not processed in the order received? Do "recent" Vets deserve their claims put ahead of Vietnam Vets? Why is it that some Vets have waited more than 10 years for benefits, while others get them in as little as six months?

If you were waiting to talk to a person, dont they say that your call will be answered in the order received? Or do they have a priority list..press 1 for Iraq Veteran, 2 for Afghanastan, 3 for Korea, and if you are a Vietnam Vet, your claim wont be answered today, so try calling back another time.

The VA has their own "police force"...the VAOIG. Our government was based on seperation of powers so that one dictator could not take over, with the Executive, Legislative, and Judicial branches having checks and balances over one another. So why did they forget that with the VA? The VA having its own VAOIG police force is like the president selecting his private "electoral college" to vote him in again for another term.

I will say this. People in the VA are nervous when you "have" something on them. That is, when you know and have documetation that could cost one or more of them their retirement if their fraud is exposed. Remember tho, VA employees such as the "Shugga Momma" scandal got off scot free, story here:
http://www.vawatchdo.../nf072210-1.htm




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