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ptsd CUE...NSC, then SC
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broncovet
Berta posted:
" If you subsequently succeed on getting a SC rating for something VA deemed as NSC in the past, and it was at a ratable level when they stated NSC 30% PTSD for example on the old rating sheet,
and is exactly the same disability that they finally awarded (giving you retro just back to the date of that claim,
and all of the evidence they had established at time of the older decision should have warranted a SC rating then but they gave you NSC instead......
it is common sense that one should seriously consider the CUE regs here, and file a CUE."
end Berta quote
This makes sense and is precisely what happened to me. I was awareded 0% in 2002 (after appeal) 30% for depression secondary to hearing loss in 2004 AND NSC pension.
In 2009, the increased that to 100% for depression, and "essentially" made the NSC pension Service connected, effective in 2007. So, what they are saying I was NSC and 30 percent, they later decided that was SC and 100%. So, are you saying that is CUE, that they should have SC the pension from the get go. When you get pension, you are basically unemployable due to NSC conditions, but they later said those conditions are SC.
My question is which regulation is this a violation of?? Thank you.
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Berta
I think that you certainly met the criteria for TDIU Broncovet , in 2002.Whether it was extraschedular or not I am just not sure how to shape this as CUE.Of course my favorite CUE reg is 38CFR 4.6 Whe
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