Djbmo

Thank you sooo much for your input! I was not referring to Gulf War Registry Exam, The VA scheduled me for an exam to address my claim for compensation for Gulf War illnesses. I never got an exam for Gulf War Registry. I am from Colorado Springs and the Denver VARO is who decided my claim. I contacted IRIS on a few occasions and they automatically put in an "Intent to File Notice" and wanted me to submit another claim. It is listed on Ebenefits as Intent to File and I have a year to submit a new claim. They do not understand issues. I imagine. I certified mailed the Cue Packet, January 15, 2015 to the Denver VARO and they have not addressed it thus far. Do you think they will honor the CUE that I sent by Certified Mail, and how long does that take? The VA used the unauthorized NOD and my request for a DRO hearing and put my claim in "Under Review" Status and on Ebenefits it states DRO review but no date set for the review. Do you think I will be able to address my issues when I do get the hearing, even though they will be there to address a NOD for the claim they denied that should have been a Gulf War Claim? Your responses are GREATLY APPRECIATED, Berta. Mark Batiste

Is it considered a clear and unmistakeable error if the VA did not rate my claim under gulf war multi-symptoms. I filed a claim using the 5126-ez form because the VA had started reviewing my previous claim from 1994 for increases. So when I saw my contention statement and it did not reflect my intentions to file as presumptive gulf war illness, I filed a statement of claim and stated that I wanted my claim to be rated as gulf war veteran and sent copies of medical evidence and lay evidence but the VA never changed my contention statement. I contacted VA 1800-827-1000 and spoke with a rep. who said my statement of claim was sufficient to have me rated as gulf war veteran with multi-symptoms. They never changed it. They decided my claim and only addressed the issues they were already in the process of seeing if I was still disabled for the claim I did in 1994. The VA rated my claim and tried to tell me it was for gulf war. But when I got my C-FILE I noticed that the Gulf war exam they scheduled me for, which was 4 hrs long, stated that this is a follow up for your own sake and has no bearing on my claim and that my claim was at the raters already. So the exam was bogus and they denied all my symptoms reported that I asked to be listed as gulf war veteran who served in the theater of operations not to be listed as individual illnesss under new, reopen, and increase. So when I got the rating decision I went to see a VRO and he suggested I do a NOD. He submitted it without my approval. Because I knew a NOD was not what would correct the issue, so I sent copies of my numerous request to have my contention statement to reflect Gulf War multi with symptoms..... with a CUE statement stating they made an error when they did not rate me according the gulf war laws/regs. My claim was submitted Nov 27, 2012 and they rated me September 11, 2014 and they deffered ratings and sent another denial rating on October 24. But none of it was rated like I requested. The unaurthorized NOD was submitted by the VRO september 24, 2014. I decided, once I saw the NOD on E-benefits to file the CUE and sent a certified letter with the evidence that I previously uploaded to Ebenfits along with a CUE statement dated January 2015. I just saw that my NOD was under review but what happened to my CUE that was sent by certified mail? My question is if the VA does not rate you according to the Gulf war illness laws and you requested that it be rated that way and they failed to do so and at the same time fake a gulf war evaluation that was not even used for the decision considered an Error. Because a NOD would necessary if they rated me and I disageed with the level of the rating but if they did not rate me under the appropriate laws, considered a clear and unmistakeable error?