toddt Posted February 17, 2016 Share Posted February 17, 2016 Been waiting almost three weeks for a decision that was mailed from the BVA on Jan 28. Finally received it today of course it had to be forwarded because I am not at my place of residence. Hooray!! Sleep Apnea secondary to right radical neck dissection was approved. Had two IMO/IME and my wifes lay statement. Got one of the IME's thanks to Gastone, used his doctor and that was the one that turned the trick even though the BVA screwed it up by referring to him as a "VA clinician". I swear the BVA doesn't read the evidence very well. My second appeal was for IHD and I submitted my METS score from the VAMC where I had attended a cardiac rehabilitation course. The BVA wrote that they needed more information about my six week stay in the hospital for my cardiac rehab. I am going to request a reconsideration due to their misinterpretation, I don't believe this is a CUE, or am I wrong? Anyway I should now be at 90% up from 70%. My friend tells me I need to apply for TDIU . . . ArNG11, flores97, Vync and 3 others 6 Link to comment Share on other sites More sharing options...
green Posted February 17, 2016 Share Posted February 17, 2016 congrats on the outcome! toddt 1 Link to comment Share on other sites More sharing options...
Palma114 Posted February 17, 2016 Share Posted February 17, 2016 Congratulation, keep on fighting till you get all that you deserve! toddt 1 Link to comment Share on other sites More sharing options...
Content Curator/HadIt.com Elder Vync Posted February 17, 2016 Content Curator/HadIt.com Elder Share Posted February 17, 2016 Congratulations! And if you are considering filing for IU, also consider filing for SSDI. toddt 1 Link to comment Share on other sites More sharing options...
toddt Posted February 17, 2016 Author Share Posted February 17, 2016 55 minutes ago, Vync said: Congratulations! And if you are considering filing for IU, also consider filing for SSDI. Don't see any benefit in filing for SSDI I am already receiving Social Security. There may be a tax advantage but probably not in my case. Link to comment Share on other sites More sharing options...
Moderator broncovet Posted February 17, 2016 Moderator Share Posted February 17, 2016 (edited) Toddt Congratulations on your win! As far as "Cue" for not reading your evidence, well maybe, but you generally dont want to file "CUE" when a normal appeal will do. The remedy for a "cue" is the same as one for a "normal appeal", so it probably wont help you to seek the CUE standard of review getting rid of "benefit of the doubt" while a normal appeal retains BOD, and is easier for you to win. If its a challenge you seek, then you could try writing your appeal with your left hand instead of the right, or while standing on your head. For me, just navigating the VA benefits and an appeal is plenty challenging enough without unnecessarily making it more difficult by raising the review standard to the "Cue" level. You need to get your RBA and cfile to see if the applicable evidence is really there, or is it ambigiuous or missing. If the evidence is missing, you can resubmit it in the appeal period and keep your effective date. If the evidence is in the file, and its not ambigious or negative, then you may need an IME/IMO, or you may need to file an appeal, or possibly MFR. Edited February 17, 2016 by broncovet flores97 and toddt 2 Link to comment Share on other sites More sharing options...
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