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WOW...Winning really has a SWEET smell to it

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babycourt45

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Baby court,  outstanding win!! I am very happy for you and your family, and thank you for remembering us in your earlier post, it means a lot.  If you don't mind and have the time, could you give us a brief overview of your methods that were used to win your claim, it would be an excellent guideline for other vets, just the fact you were able to get the VA to CUE themselves five times, that's incredible! Of course, if you upload any documents your personal info would have to be redacted, and I'm by no means an elder or moderator on this site, but I am very interested on what course of action you took, and I commend you!! Congratulations! 

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Advice is to read the CFR, take time to research and do not take no for an answer...I wish there was something special that I can say I did, but I can't.  I just kept reading, researching throughout this process.

My initial claim started in 2005 with an increase in 2008.  Moving on to 2010, I submitted all of my medical documentation to support my claim including medical notes from the Orthopedic Surgeons regarding my knees and feet. 

In 2012, the VA denied every contention and kept my percentage for my foot stating that I missed an appointment for my C&P, I responded with a 4138 stating that I never received a phone call nor letter notifying me of the C&P so then they reopened the claim and scheduled a C&P for everything but my knees and feet and denied everything saying that nothing ties these contentions to my military service. 

I started poking around and ordered my C-File and went through every single document and pointing out every instance of sick call, emergency room visits and physical therapy notes.  I had my doctor complete a DBQ for my knees and feet including several other contentions.  The 2012 rating decision indicated that I could not receive compensation on certain contentions due to pyramiding and other contentions were lumped together into one rating and an additional rating for the foot was added.  So fast forward to 2013, I had a C&P and the examiner's confirmed every contention my personal orthopedic surgeon concerning my contentions with my knees and feet; my 2014 rating decision kept my feet the same with the addition of finally adding my knees. 

So fast forward to 2015, when I asked for an increase on these conditions along with several other Gulf War related contentions my claim was temporarily moved from my original VARO in St. Pete, FL to VARO in Roanoke, VA.  After my C&Ps my claim went to Lincoln, NE for ten days then came back to Roanoke, VA.  I am not sure what prompted the CUE but I am so happy that it occurred.  I received my retro pay, yesterday and every single contention awarded and denied in past claims have been reopened and now are all deferred.

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Thank you, Babycourt, and once again, great job!!

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Congrats if you are not working ask for TDIU 100%. If you don't have SSD ask for Social Security

Thanks Pete, I will definitely talk to my VSO about filing for TDIU  prior to finishing up my last set of C&Ps on Tuesday.

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babycourt45,

How sweet the smell, how sweet the taste of a victory so hard fought, so deserved, so honorably earned...Thank you for your service to our great country.

 

Semper Fi.

Andyman73

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