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Va Made In Cue In Granting Service Connection For Als


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#1 CALS

 
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Posted 28 May 2011 - 05:06 PM

My husband was granted disability in 2009 for ALS. The VA now says they made a CUE in granting his service connection, due to his active duty being for training, and are proposing to cut ALL benefits. HELP!!!

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#2 Pete53

 
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Posted 28 May 2011 - 06:27 PM

Welcome to Hadit. How long and when did your husband serve? It is very important that you disagree with the reduction in a very short time. Others here can help you more than I.

Pete

#3 CALS

 
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Posted 28 May 2011 - 08:52 PM

I know about the 30 days to request hearing. He was in Army Nat Guard, and they originally accepted his 90 day active duty, but are now saying that it was for training, which makes him ineligible for benefit for ALS. They made a CUE in granting service connection to begin with, and are now proposing to sever his service connection based on the fact that he did not have 90 days continuous active duty. I think we have no recourse, as what they are saying is true, but we will be financially ruined if this happens. He was granted service connection in 2009, retroactive back to 2008 when the law went into affect.

#4 Berta

 
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Posted 29 May 2011 - 05:02 AM

Can you scan and post this decision here as an attachment or tell us exactly how VA worded this letter?

(Cover personal stuff if you scan the letter)

#5 Philip Rogers

 
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Posted 29 May 2011 - 05:11 AM

Based on what she posted and some assumption on my part, he's NG or an Army Reservist and if so shouldn't have been awarded SC, for ALS, if based on AO exposure. We/I'll wait for more info, before offer my opinion/help.

#6 Berta

 
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Posted 29 May 2011 - 05:56 AM

To clarify difference here between ALS and AL

ALS is presumptive in all vets with 9- days of continuous active service.
AL (amyloidosis) is an Agent Orange presumptive for any vet exposed to AO.

“September 23, 2008
(Printable Version)

Cites Association between Military Service and Later Development of ALS

WASHINGTON – Veterans with amyotrophic lateral sclerosis (ALS) may receive badly-needed support for themselves and their families after the Department of Veterans Affairs (VA) announced today that ALS will become a presumptively compensable illness for all veterans with 90 days or more of continuously active service in the military. “

“Posted 22 April 2009 - 08:53 AM
In November 2008 VA added Amyloidosis to the AO presumptives.

AL is not ALS which also was added as a chronic service connectable disability in all veterans but not caused by Agent Orange-

The VA web site has the updated presumptives as soon as they change and get added to it “
from: http://www.hadit.com...esumptive-list/

“VA Secretary Refuses to Add Hypertension, But Agrees to Add AL Amyloidosis to List of Agent Orange Related Diseases “
from http://www.hadit.com...-clarification/

Edited by Berta, 29 May 2011 - 05:59 AM.


#7 Philip Rogers

 
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Posted 29 May 2011 - 06:05 AM

I stand corrected. Thanks, Berta!!

pr

Edited by Philip Rogers, 29 May 2011 - 06:08 AM.


#8 CALS

 
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Posted 29 May 2011 - 01:13 PM

"A clear and unmistakable error is found in the rating decision dated 9/28/09 which granted service connection for ALS, therefore, severance of service connection is proposed." "The record does not show the Veteran has active,continuous service of 90 days or more nor is service connected for a separate disability." What gets me is he served with people who were active duty Army, and was all set to be deployed to Grenada. If these other Vets get ALS they will be covered because they were regular Army, and not Army Nat Guard. We do have Medicare and SSDI, but his SSDI will not even cover his scripts .Rilutek costs over $1,000 a month, and is the only medicine approved to slow the progression of ALS. I am unable to work, as he requires 24 hr care, and Medicare does not cover home care at all. I may be able to put him on hospice, which will cover some scripts, but he doesnt want to die, and was going to get a vent and trache, which if he gets, he can not be on hospice. If we had never gotten VA benefits, we would have had applied for loans and scholarships for our son to attend college. He graduates next week from high school, and we have to tell him he can not go to college. We will have to move to a place we can afford on less than $2000 a month. My husband will have to find new doctors. He is a paralyzed Veteran, who served his country, and the stress from all of this will probably kill him within 6 months. Without the benefits the VA has been providing us, his health will suffer to the point it will kill him. With a trache and vent, he would have been able to see our daughter graduate from high school in 2 years. He has lost his will to live and fight this horrible disease. If he hadn't been in the Military, he wouldn't have ALS, and if they hadn't made this mistake we wouldn't be going through this nightmare for a second time. When our lives were turned upside down with his DX, he was able to do things. Now, he is bedridden, and this disruption of our life is going to kill him.

#9 carlie

 
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Posted 31 May 2011 - 02:02 AM

If we had never gotten VA benefits, we would have had applied for loans and scholarships for our son to attend college. He graduates next week from high school, and we have to tell him he can not go to college.
If he hadn't been in the Military, he wouldn't have ALS, and if they hadn't made this mistake we wouldn't be going through this nightmare for a second time.


CALS,
I am sorry for the situation your family is in.

For your son to have gotten any Chapter 35 benefits the veteran would have had
to been service connected at 100 % scheduler or IU, with a status of P&T.

What do you feel happened on active duty that resulted in your husband having ALS ?

#10 CALS

 
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Posted 20 June 2011 - 08:18 PM

Quick update and question We have been advised to not ask for a hearing, as we would have to pay money back. In our letter it states- "If we do not receive additional evidence from you within 60 days, we will reduce your evaluation. Your benefit payment will stop the first day of the third month following our notice to you of the final decision." Our letter was dated May 25, Does this mean that after July 25 they will notify us of final decision, and final benefit payment will be the first day of the third month (after July 25), or will it be the May 25th date? Can the final decision be dated May 25th, or will it be the date they actually make the final decision. I have read it both ways. We will become homeless if we do not receive a check on August 1st. If we receive checks for Aug and Sept, we can save the money so we can survive another 6 months, and have my daughter stay home to care for her Dad(she is 16) and I can find a job. She can do on line school to finish high school.


#11 carlie

 
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Posted 21 June 2011 - 04:33 AM

bump

#12 Philip Rogers

 
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Posted 21 June 2011 - 04:52 AM

I believe you will stop receiving the checks beginning Aug 1st, which is why you should probably have a hearing. Altho you may be required to pay it back, it acts as a no interest loan, and you can always request a waiver, tho it may not be approved. I'd do some research and find a way to keep his benefits. You should also be receiving SS for your child(ren) and yourself, until she became 16yo. Any other minor children should be receiving SS payments also.

I just reviewed Allan's post and now believe you will receive the August 1st payment, since they will stop payments, at the end of July, and since VA pays after the month is completed, you should receive the 8/1 payment. I apologize for my error. jmo

pr



Quick update and question We have been advised to not ask for a hearing, as we would have to pay money back. In our letter it states- "If we do not receive additional evidence from you within 60 days, we will reduce your evaluation. Your benefit payment will stop the first day of the third month following our notice to you of the final decision." Our letter was dated May 25, Does this mean that after July 25 they will notify us of final decision, and final benefit payment will be the first day of the third month (after July 25), or will it be the May 25th date? Can the final decision be dated May 25th, or will it be the date they actually make the final decision. I have read it both ways. We will become homeless if we do not receive a check on August 1st. If we receive checks for Aug and Sept, we can save the money so we can survive another 6 months, and have my daughter stay home to care for her Dad(she is 16) and I can find a job. She can do on line school to finish high school.


Edited by Philip Rogers, 21 June 2011 - 06:40 AM.


#13 Commander Bob

 
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Posted 21 June 2011 - 07:06 AM


He was in Army Nat Guard, and they originally accepted his 90 day active duty, ...



This is truly heartbreaking. Your husband must not give up...

He can still see his Son and Daughter graduate from school, if he fights to hang in there.

If need be, your son can seek out grants, work during College, for now.

There are other options. There has to be. What about hardship considerations, or NSC pensions?

VA nonservice-connected (NSC) pension benefits are available where the veteran had at least 90 days of active military service, at least one day of service was during a period of war, the veteran’s military discharge was under conditions other than dishonorable and there is medical evidence that the veteran is totally disabled as the result of a disability not caused by his or her own willful misconduct.

NSC pension is income-based, meaning that the veteran’s household (rather than individual) income cannot exceed the maximum annual amount set by the VA each year. Thus, NSC pension is designed to bring the veteran’s total annual household income to the level of the maximum annual amount. The current maximum annual amount for VA non-service connected pension is available on the VA’s website.



We need more info regarding his 90 days of active service.

My thoughts are with you and your family,

C.B.

Edited by Commander Bob, 21 June 2011 - 09:12 AM.


#14 Philip Rogers

 
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Posted 21 June 2011 - 07:18 AM

You stated he was NG but not what type of service he had. There is something called "Title 10," I think it's called. It's when he's activated by order of the President, as compared to by his state governor. I believe "Title 10" activation allows him full benefits, just as tho he was regular army. jmo

pr

#15 CALS

 
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Posted 21 June 2011 - 01:27 PM

Thanks all. What our Service officer is telling us is that this letter dated May 25th is only a proposal, and we will continue to have benefits for 2 months after they send us the letter with the final decision. A proposal is not final action. He went int the Guard at 18, in 1982. He did split training(boot camp first) then came home, then went for MOS training in 10-83 to 2-84, which is what they are considering his active duty. He worked for AMG until 1987, and there were no call ups during this time. When he was doing his MOS, Grenada happened, and he was supposed to be deployed, but it was called off. His 2 commanders did go however. Our local VA works very fast(he got his original benefits in 3 wks) and if we ask for a hearing, the action becomes final once they decide the case, and since we have nothing to present at the hearing our case would be final possibly by the end of July. The VA has to follow the laws set by Congress, and Congress is who wrote the ALS law. My husband has an appt set for July to do a consult for a trache and vent, without which he will die. If the VA cuts us off, he will not be able to get this, as it requires 24 hr constant care, and I can not ask my 16yr old daughter to take this on if I have to get a job. Also, in order for us to keep his scripts he will have to go on Hospice, which does not allow for PALS with a Vent. Before all this happened, he was confident that he would see his daughter graduate, now he has accepted the fact that he will not even be here next Fathers Day. My husband is still alive today because of the VA. If they take back all his DME's, he will be confined to a bed 24/7. He has progressed so much in the month that we received this news, and he has lost his will to fight this horrible disease.

#16 Commander Bob

 
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Posted 21 June 2011 - 03:20 PM

Thanks all. What our Service officer is telling us is that this letter dated May 25th is only a proposal, and we will continue to have benefits for 2 months after they send us the letter with the final decision. A proposal is not final action. He went int the Guard at 18, in 1982. He did split training(boot camp first) then came home, then went for MOS training in 10-83 to 2-84, which is what they are considering his active duty. He worked for AMG until 1987, and there were no call ups during this time. When he was doing his MOS, Grenada happened, and he was supposed to be deployed, but it was called off. His 2 commanders did go however. Our local VA works very fast(he got his original benefits in 3 wks) and if we ask for a hearing, the action becomes final once they decide the case, and since we have nothing to present at the hearing our case would be final possibly by the end of July. The VA has to follow the laws set by Congress, and Congress is who wrote the ALS law. My husband has an appt set for July to do a consult for a trache and vent, without which he will die. If the VA cuts us off, he will not be able to get this, as it requires 24 hr constant care, and I can not ask my 16yr old daughter to take this on if I have to get a job. Also, in order for us to keep his scripts he will have to go on Hospice, which does not allow for PALS with a Vent. Before all this happened, he was confident that he would see his daughter graduate, now he has accepted the fact that he will not even be here next Fathers Day. My husband is still alive today because of the VA. If they take back all his DME's, he will be confined to a bed 24/7. He has progressed so much in the month that we received this news, and he has lost his will to fight this horrible disease.


Glad to hear that you have a service officer helping you. Has there been any discussion about filing for NSC? Will the VA continue to treat your husband after July? Do you have any help or other support outside the VAMC system. Have you seen a VAMC social worker about your husband's condition?

#17 CALS

 
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Posted 21 June 2011 - 07:11 PM

Glad to hear that you have a service officer helping you. Has there been any discussion about filing for NSC? Will the VA continue to treat your husband after July? Do you have any help or other support outside the VAMC system. Have you seen a VAMC social worker about your husband's condition?


We do not know the answers to the question about his medical status at the VA, and our service officer is clueless. We are on first name basis with everyone at the VAMC. Our social worker will be devastated when we tell him what is going on, however we do not want anyone to know because we need to continue receiving help there as long as possibl He has Medicare and SSDI, however all his doctors are at the VA. NCS will be out, as he does not have the 90 days, not for training, which is why we are losing everything. All of his problems are related to his ALS. We are currently at R1.

#18 Commander Bob

 
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Posted 21 June 2011 - 07:58 PM

We do not know the answers to the question about his medical status at the VA...

...he does not have the 90 days, not for training...



I understand.

I will continue to search for help somewhere.

A brother vet,

Bob

#19 CALS

 
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Posted 21 June 2011 - 08:50 PM

Hi All, I may have found something. His 4 months that he was put on active duty after boot camp, and before he got his full time job with the Guard, may be "ADSW" (Active Duty for Special Work) under Title 10. Any comments? I know not everything will show up on his DD 214. Any ideas where I go from here. My service Officer(VFW) is not a lot of help, but I am talking with one from Vegas(PVA) who is really good. Only problem Vegas is 8 hrs away. Can't talk with him till Thursday, and my local guy is out till next Monday!!



#20 Berta

 
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Posted 22 June 2011 - 06:52 AM

Yes, that could help him in my opinion-


also remember the ALS regs they initially used to award him are Presumptive regulations.


Do his SMRs reveal ANYTHING symptomatic of possible inservice early manifestations of ALS for a Direct SC award instead of presumptive award?

http://www.alsa.org/...s/symptoms.html

#21 Philip Rogers

 
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Posted 22 June 2011 - 07:04 AM

WOW!!!! That is great!!! I'm not really familiar w/Title 10, but that may be your saving grace. I'd at least request the hearing, ASAP, like yesterday. If you fail to meet the deadline, they will reduce him. Then I'd go to the hearing w/any proof of the ADSW you have. In the meantime I'm trying to find out more about Title 10. You should too, as I'm not a great online researcher. Maybe others will jump in.

pr




Hi All, I may have found something. His 4 months that he was put on active duty after boot camp, and before he got his full time job with the Guard, may be "ADSW" (Active Duty for Special Work) under Title 10. Any comments? I know not everything will show up on his DD 214. Any ideas where I go from here. My service Officer(VFW) is not a lot of help, but I am talking with one from Vegas(PVA) who is really good. Only problem Vegas is 8 hrs away. Can't talk with him till Thursday, and my local guy is out till next Monday!!



#22 carlie

 
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Posted 22 June 2011 - 07:28 AM

He was granted service connection in 2009, retroactive back to 2008 when the law went into affect.


CALS,
Is it possible for you to scan and post the Reasons and Bases Section of the 2009 Rating Decision
that granted SC ?
If you're able to do it - be sure to redact the personal info such as name, SSA/VBA claim number,
address, etc..

#23 Philip Rogers

 
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Posted 22 June 2011 - 07:50 AM

Here are some links on Title 10. I haven't had time to review them, yet.

pr



http://www.law.corne...e/10/12304.html

http://www.bankerson...activeduty.html

http://www.law.corne...04----000-.html

#24 Berta

 
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Posted 22 June 2011 - 08:15 AM

I need to add here something on the point I made as I cannot tell if the VA considered a possible direct SC award when they cl;aimed they erred in the ALS presumptive award::

In this case the veteran's SMRs provided BVA with undebatable evidence of ALS -symtomatic within the veteran's service period.This was a widow's claim but it makes the point I did as to direct SC- that could be possible-when presumptive SC cannot apply.

http://www.va.gov/ve...es1/1108452.txt


“The death certificate shows that the Veteran died at home in March 2006, at age 45. The immediate cause of death was respiratory arrest due to amyotrophic lateral sclerosis. There was no autopsy. However, there is no dispute as to the cause of death because medical evaluations prior to the Veteran's death well documented the disease and resulting debility.”

“Service-connection for the cause of the Veteran's death was granted based on the presumptions found in new regulation 38 C.F.R. § 3.318. As a liberalizing regulation, benefits were effective as of the date the regulation became effective, which was the date it was published, September 23, 2008. See 38 U.S.C.A. § 5110(g) (West 2002); 38 C.F.R. §§ 3.114, 3.400(p) (2010). “

"However, the presumptions do not prohibit the establishment of service-connection on a direct or primary basis by showing that the fatal disease was incurred or aggravated during the Veteran's active service"

The widow successfully proved that although presumption was granted, she proved inservice ALS on a direct basis warranting a better EED than that of the liberalizing regulation.

This is a great case that shows how an EED can be favorably changed and also how one type of award of SC can be rendered moot and trumped by another more favorable award (such as what I did last year on my claim)

Even his 201 personnel file could reveal indications of things that would be symptomatic of inservice ALS.

I assume you have his complete SMRs and personnel records.

Does he receive SSDI and if so, do those records reveal anything that could help here-if you can obtain them -as I assume the SSDI doctor did a full review of all available medical records to include service records.

#25 Philip Rogers

 
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Posted 22 June 2011 - 08:47 AM

Berta, you posted this earlier: "ALS is presumptive in all vets with 9- days of continuous active service."

I assume the "9- days" was meant to be "90 days." That being the case they only need to prove the 90 day service and I believe the Title 10, ADSW, covers that. I haven't reviewed the AD for training criteria but that may also qualify him. The VA may have CUEed him on awarding under the wrong rule, presumption, rather than direct SC or vice versa. Stopping the sever is the immediate problem and the hearing must be applied for prior to the 30 day allowance. They must do that today and fax a copy to the VA, immediately!!!! Prove the Title 10 and they win!!!

pr





I need to add here something on the point I made as I cannot tell if the VA considered a possible direct SC award when they cl;aimed they erred in the ALS presumptive award::

In this case the veteran's SMRs provided BVA with undebatable evidence of ALS -symtomatic within the veteran's service period.This was a widow's claim but it makes the point I did as to direct SC- that could be possible-when presumptive SC cannot apply.

http://www.va.gov/ve...es1/1108452.txt


“The death certificate shows that the Veteran died at home in March 2006, at age 45. The immediate cause of death was respiratory arrest due to amyotrophic lateral sclerosis. There was no autopsy. However, there is no dispute as to the cause of death because medical evaluations prior to the Veteran's death well documented the disease and resulting debility.”

“Service-connection for the cause of the Veteran's death was granted based on the presumptions found in new regulation 38 C.F.R. § 3.318. As a liberalizing regulation, benefits were effective as of the date the regulation became effective, which was the date it was published, September 23, 2008. See 38 U.S.C.A. § 5110(g) (West 2002); 38 C.F.R. §§ 3.114, 3.400(p) (2010). “

"However, the presumptions do not prohibit the establishment of service-connection on a direct or primary basis by showing that the fatal disease was incurred or aggravated during the Veteran's active service"

The widow successfully proved that although presumption was granted, she proved inservice ALS on a direct basis warranting a better EED than that of the liberalizing regulation.

This is a great case that shows how an EED can be favorably changed and also how one type of award of SC can be rendered moot and trumped by another more favorable award (such as what I did last year on my claim)

Even his 201 personnel file could reveal indications of things that would be symptomatic of inservice ALS.

I assume you have his complete SMRs and personnel records.

Does he receive SSDI and if so, do those records reveal anything that could help here-if you can obtain them -as I assume the SSDI doctor did a full review of all available medical records to include service records.



#26 Berta

 
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Posted 22 June 2011 - 08:57 AM

SORRY everyone -Yes you are right Philip- I meant 90 days and I do feel Title 10 ADSW supports his position.

But if not that is why I raised the issue of possible direct SC.

The VA may have CUEed him on awarding under the wrong rule, presumption, rather than direct SC or vice versa."

Yes-=quite possible!

"Stopping the sever is the immediate problem and the hearing must be applied for prior to the 30 day allowance."

YES to that too!!!!!!

If I find something at BVA on Title 10 that will help-=I will post-
I am not familiar at all with title 10.

#27 carlie

 
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Posted 22 June 2011 - 09:02 AM

Stopping the sever is the immediate problem and the hearing must be applied for prior to the 30 day allowance.
They must do that today and fax a copy to the VA, immediately!!!! Prove the Title 10 and they win!!!

pr


Ditto on pr's post above.

I would also contact the reporter from the PostStar, that did the recent articles on
Charles Cooley - "Collecting benefits is a losing battle for some veterans"

Reporter : Will Doolittle - will@poststar.com

JMHO


#28 Philip Rogers

 
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Posted 22 June 2011 - 09:45 AM

Yup, thanks Berta!! I'm not familiar w/Title 10, either, but I think even one day under that may qualify him, at least that's one of the theories I'd use. As long as they have the proof I feel they'll win but they've gotta stop the severance, now and the hearing is the only way I see to do it, assuming someone at the VA has some smarts. Duh!!! jmo

pr

#29 Commander Bob

 
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Posted 22 June 2011 - 11:55 AM

Ditto on pr's post above.


Charles Cooley - "Collecting benefits is a losing battle for some veterans"

Reporter : Will Doolittle - will@poststar.com

JMHO[/size][/font]



Charles Cooley article:

http://poststar.com/...1cc4c03286.html

#30 Commander Bob

 
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Posted 22 June 2011 - 11:56 AM

Hi All, I may have found something. His 4 months that he was put on active duty after boot camp, and before he got his full time job with the Guard, may be "ADSW" (Active Duty for Special Work) under Title 10. Any comments? I know not everything will show up on his DD 214. Any ideas where I go from here. My service Officer(VFW) is not a lot of help, but I am talking with one from Vegas(PVA) who is really good. Only problem Vegas is 8 hrs away. Can't talk with him till Thursday, and my local guy is out till next Monday!!



'CALS', you posted you have your husband's DD214


MY older DD214, shows Item # 22. Statement of Service" b. "total active service".

With the limited info you have posted here, and with your due date to NOD or request a hearing being less than 3 days from now.

I agree with all here, who suggest you respond to the VA, ASAP... Even if it's registered mailed, return receipt requested.

Please keep us posted,

Bob

Edited by Commander Bob, 22 June 2011 - 11:58 AM.


#31 CALS

 
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Posted 22 June 2011 - 01:45 PM

Thanks all! It doesn't show up on his DD-214 or his Guard release form, so we are going to try and contact someone in Phoenix to see if there are more records. He was granted under the Presumptive clause. What we need to find out is : What was he working under from Feb 1983 to May or June of 1983(when he got hired full time for the Guard) He received his E-1 pay during this time. He was told by the AG that he was being put on Active Duty, was paid a Federal check, and was doing NO training. When he got out of Boot camp, his MOS training was not scheduled until 8 months down the road, he had no job, so the AG told him he had no job at the time for him, but had special funding to do landscaping and maintenance around the base. If it wasn't ADSW or ADT(active duty for training) what was it? It was some kind of Active Duty. And how can I prove it is ADSW if it isn't in his records. This was almost 30 yrs ago that all this took place. I SO appreciate all of you!! HUGS Lori


#32 Philip Rogers

 
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Posted 22 June 2011 - 01:49 PM

Cals - I need to correct some previous answers I gave you. According to the VBM, the VA must give you 60 days to submit evidence disputing the proposed reduction/severance and after that 60 day period ends, they must give you another 60 days before the reduction/severance can begin. So, if my computations are correct you will receive the last payment on Oct 1st.

pr

#33 Philip Rogers

 
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Posted 22 June 2011 - 01:54 PM

The AG's office should have the records.

pr



Thanks all! It doesn't show up on his DD-214 or his Guard release form, so we are going to try and contact someone in Phoenix to see if there are more records. He was granted under the Presumptive clause. What we need to find out is : What was he working under from Feb 1983 to May or June of 1983(when he got hired full time for the Guard) He received his E-1 pay during this time. He was told by the AG that he was being put on Active Duty, was paid a Federal check, and was doing NO training. When he got out of Boot camp, his MOS training was not scheduled until 8 months down the road, he had no job, so the AG told him he had no job at the time for him, but had special funding to do landscaping and maintenance around the base. If it wasn't ADSW or ADT(active duty for training) what was it? It was some kind of Active Duty. And how can I prove it is ADSW if it isn't in his records. This was almost 30 yrs ago that all this took place. I SO appreciate all of you!! HUGS Lori



#34 Commander Bob

 
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Posted 22 June 2011 - 02:19 PM

I know about the 30 days to request hearing.


Hi Cals,
You originally posted that you had 30 days from May 25th to respond. Was that deadline contained in the notice you received from the VA?

Best wishes

C.B.

#35 Berta

 
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Posted 22 June 2011 - 02:53 PM

Per NVLSP ( 2010 Edition page 380 VBM ) there is only a 30 day window in which to request a "predetermination" hearing -that is-within 30 days of the date of the notice of the proposed action.

This delays the implementation of reduction of benefits until after the hearing if the decision cannot be reversed.

Edited by Berta, 22 June 2011 - 02:54 PM.


#36 Philip Rogers

 
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Posted 22 June 2011 - 03:12 PM

Berta and everyone - I think we have been looking at this wrong. This is a case where the VA is proposing to sever SC, based on a CUE. I believe we need to look at VBM 2010, pages 382, 383 & 384.

CALS - we need to see the actual notice you've received, which you haven't posted, yet.

pr

#37 carlie

 
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Posted 22 June 2011 - 03:47 PM

All of the relevant info is here and she needs to submit a request for a hearing now !

At this point I don't know enough about Title 10 and his time considered AD
to even guess if it's a CUE or not - but hopefully !

http://www.benefits....ms/M21_1MR1.asp

Chapter 2 - Due Process

Table of Contents

Section A - General Information on Due Process


Section B - Notice of Proposed Adverse Action


Section C - Adverse Action Proposal Period


Section D - Contemporaneous Notice


Section E - Exhibits



#38 Philip Rogers

 
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Posted 22 June 2011 - 04:26 PM

carlie - the CUE, at present, is supposedly the VA's and, as such, there are evidentuary(sp) standards/rules they must follow. We need to see her notice and the accompanying(sp) evidence, before commenting any further on this. Otherwise it's just speculation, on our part. jmo

pr



All of the relevant info is here and she needs to submit a request for a hearing now !

At this point I don't know enough about Title 10 and his time considered AD
to even guess if it's a CUE or not - but hopefully !

http://www.benefits....ms/M21_1MR1.asp

Chapter 2 - Due Process

Table of Contents

Section A - General Information on Due Process


Section B - Notice of Proposed Adverse Action


Section C - Adverse Action Proposal Period


Section D - Contemporaneous Notice


Section E - Exhibits



#39 carlie

 
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Posted 22 June 2011 - 04:43 PM

carlie - the CUE, at present, is supposedly the VA's and, as such, there are evidentuary(sp) standards/rules they must follow. We need to see her notice and the accompanying(sp) evidence, before commenting any further on this. Otherwise it's just speculation, on our part. jmo
pr


pr,
I think w also need to see what I had posted earlier.

"CALS,Is it possible for you to scan and post the Reasons and Bases Section of the 2009 Rating Decision
that granted SC ?
If you're able to do it - be sure to redact the personal info such as name, SSA/VBA claim number,
address, etc.. "


#40 Philip Rogers

 
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Posted 22 June 2011 - 04:54 PM

carlie - I agree and we still haven't seen any of it. So at this point, it's been a lot of "speculation" on our part and I won't comment anymore, w/o seeing some documents, first.

pr



pr,
I think w also need to see what I had posted earlier.

"CALS,Is it possible for you to scan and post the Reasons and Bases Section of the 2009 Rating Decision
that granted SC ?
If you're able to do it - be sure to redact the personal info such as name, SSA/VBA claim number,
address, etc.. "






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