Every time we read about CUE, we are led to understand that it hardly ever happens. If it did, then it was an aberration and one that any rater might have made given the circumstances. In short, it’s so rare that it need not be discussed. If it has to be dissected, it can be summed up as one of those things that happens and is terribly unfortunate. The idea that two would surface on this site in less than a year is a fluke. That they would both originate in Texas, albeit at separate ROs, is even more remarkable. Scratch that. Remarkable is too tame a word to employ here. WGM’s CUE was one of those Idiot’s Delight ones. Rater smokes too much left-handed tobacco and lets M-21 tell him what to do. Wyn Wn’s here is a horse of a different color. What is never proffered is interest on the screwup or even an apology. Wouldn’t it be nice to get a letter saying
Dear Ms. Wyn Wn,
After carefully reading your Motion for Revision, we decided to revisit your 1979 denial. We owe you an apology of the highest magnitude, Not only did we step on our collective necktie, we did a major faceplant on the other items as well. Please accept our heartfelt mea culpas on this. Due to the long overdue compensation owed, we have taken the unheard of step of trying to make it right by remunerating you for your wait with an extraordinary award compounded by interest. We feel it would be more appropriate now that thirty three years have passed without proper recompense. Nothing can repay our poor rating skills and years of financial destitution but we hope this check will ameliorate somewhat an unfortunate mistake on our part. If you feel this is too paltry, contact us and we will sit down with you and see what else we can do to make you happy. Since it was our error, we feel it is our duty to make amends.
Veterans Service Center Manager
Ain’t gonna happen. When Ms. Wyn finally got around to complaining about this in 2009, she had to see a dentist to have her front teeth restored. After several more visits (to the dentist) following repeated filings with our Protector, she started to see the cracks appear in the façade. What she didn’t receive was so much as an off hand apology. You will notice the usual approach-0% from 1979. No ” Please send us any medical records supporting a higher compensation (which she did) so we can more easily facilitate this request.” Nope. More dental rearrangement.
When she saw fit to point out the mistake, a year later our dear vA sent her a new missive:
Once again, they gave her the ice cream cone but failed to insert the ice cream. Most of us might begin to suspect they were toying with us. Imagine being discharged from the Navy for medical reasons and then having the vA say it pre-existed service. After re-submitting the same medical records showing discharge for these self-same deficiencies, try to conceive of having vA say “Okay. You’re probably right but it wasn’t that debilitating. Uh. Okay it was pretty bad but it didn’t warrant compensation until just now when you asked for it. Right?” What kind of crack pipe have they attached their lips to in order to provoke this? Wyn Wn wasn’t going to buy into it and decided to start reading up on how all this works. Her efforts began to have remarkable results about the time she found Part 4 of 38 CFR. The more she discovered, the more the vA backpeddled. They knew they weren’t going to get away with the smoke and mirrors anymore. Finally this March, the house of cards collapsed uncerimoniously. It appears as though them fellers down at the Honorable David Koresh Regional Office in Whacko finally got out the C-file and actually read it. Unfortunately, they still couldn’t bring themselves to grant a whopping settlement a la Leroy MacKlem. That simply wouldn’t do because there is no Extraordinary Awards Program to curtail the amount anymore. They were forced to do this the old fashioned way. I speak of the “delay, deny, until we die” method whereby you attempt to pull teeth out of a live alligator. Incremental rating compensation spread out over a decade or two is the preferred order of events for them. In the event you’re faking all this, it gives them ample time to discover as much. Or, another lovely old fashioned method one rarely sees from antique 1979 CUE rating errors:
Oops. Back to the dentist to replace those pesky teeth. Which finally brings us to August of 2012. Poor Wyn Wn was beginning to get the whirlies. She won… or did she? She succeeded in finally getting her partial due all the way back to 1979 but it amounted to nothing. To add insult to the injury, she must repay the $6255.00 until December 2014 before she’s entitled to a dime in compensation. About this time she found us. I’ve been working with her to fine tune a NOD that addresses all the things she should be getting that vA will never inform her she’s entitled to.
The reader will notice vA volunteers nothing about pain and its attendant ratings as if she were out jogging the Waco to Houston 375 km. VARO Fun Run Invitational. She has a long intriguing battle ahead of her. Fortunately, I took a few kilometres off the trip by showing her what they are (and aren’t) addressing in the ratings.
This is a classic example of a Veteran fighting long and hard, in this case with the much-vaunted Texas Veterans Commission (as WGM did), only to find the vA has another subtle agenda afoot. It is artfully created so as to appear innocuous. “You won. Here’s what you get. Go home.” Considering they are so nonadversarial and Veteran-friendly, I am appalled to see her get this treatment. Or am I?
CUE is supposed to be so rare as to be akin to a UFO sighting. In Texas it seems this is par for the course. What’s next? Will they throw out her secondary for bad cervical pain due to alien abduction rather than her knees? Wyn Wn promises to keep us abreast of developments as they happen. This will eventually end in a P&T or a TDIU. The burning question is how soon? Read my book and learn how to accomplish it sooner!
It may be that the TVC has outlived its usefulness for Wyn Wn. She’s light years ahead of most service reps and now has a new, time-consuming vocation. I expect she’ll have her own book out soon called The Care and Feeding of Your vA Claim.