29 questions in this forum
As promised, I attach a big winner. I've never found so many CUEs under one rock. Kev's DRO reviewer called him up to tell him he knew more about SMC than she did. My name never came up fortunately. Redacted DRO for R2 for Kevin.pdf0 votes16 answers
I was most recently diagnosed with a seizure disorder and was referred to University of Pittsburgh for a case study along with the Mayo Clinic. Here is his letter Attention Mayo Clinic/University of Pittsburg concussion Center ; As noted in Mr. Frei’s history, he underwent severe trauma while active duty military. He has since been retired from the military with posttraumatic stress disorder and traumatic brain injury which is not fully been compensated yet. Traumatic brain injury is definitely a component. I have been his primary care physician for approximately the last year as he has started with the VA in Wilmington, Delaware. A…0 votes13 answers
I received my approval for 100% T&P back in May 2014. Like many Veterans, I perceived the 100% rating as the end of the line. Although I thoroughly researched the 38 CFR, I neglected to consider filing a NOD, review the SMC and other benefits. I just assumed that 100%was the highest level of compensation available. My question is this, Do I qualify for the SMC R? At present I am receiving SMC (K-1) on account of loss of use of a creative organ. Additionally, my cervical spine condition has worsened. Presently suffering from loss of feeling and strength in my right arm and constant lower back pain. Receiving weekly treatment from a Spine treatment specialis…1 vote10 answers
Brother Kevin in Manila writes me this afternoon to tell me the letter I wrote arguing his entitlement to R2 clinched the deal for him. He got the skinny end on the Earlier Effective Date (EED) at 3/29/16 but that's a battle for another day. He is now entitled to $8,318.95 a month. I feel good about this one. It took almost 14 months and about 4 C&Ps. It reminds me of my wife in 1987 making them kill four rabbits to confirm she was pregnant beyond the shadow of a doubt.0 votes1 answer
Tbird posted an answer to a question,Further Reading from VA.gov
How do I upload evidence online to support my disability claim?
If you’ve filed a claim for disability compensation, you can continue uploading more evidence for up to one year to support your claim. Evidence may include supporting documents like medical test results, doctor’s reports, and other records. Upload your evidence online now.
If you’re waiting for a decision on your disability claim, you can upload evidence to support that claim using our claim status tool.
Upload evidence using our claim status tool
Note: For any other type of document you’d like to submit online to us, please use the QuickSubmit tool through AccessVA.
If I filed a standard disability claim, when should I upload evidence?
Upload your evidence as soon as you can.
You can continue uploading documents for up to 1 year from the date we receive your claim. But, if you don’t provide any evidence or give us the information we need to help you get evidence within 30 days, we may make a decision on your claim earlier.
If we decide your claim early, you’ll still have the rest of the 1-year period to provide more information or evidence.
What happens if I upload more evidence after I’ve submitted a fully developed claim?
We’ll remove your disability claim from the Fully Developed Claims program and process it as a standard claim.
If we decide your claim earlier than 1 year from the date we received the claim, you’ll still have the rest of the year to provide any additional information or evidence.
Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,If HadIt.com has helped you, please consider helping HadIt.com if you can.
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Now it all comes out of Rattler's pocket. He will not be able to continue financing the site on his own.
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broncovet posted a question in VA Disability Compensation Benefits Claims Research Forum,Let's begin with the regulation on CUE:
https://www.law.cornell.edu/cfr/text/38/20.1403#:~:text=Clear and unmistakable error is,different but for the error.
The Cue error, therefore, needs to be all these things:
2. Outcome determinative.
3. Based on the records VA has in their possession at the time of the decision. If VA was/is missing critical evidence, consider filing a 38 CFR 3.156 (new evidence) instead of CUE.
4. May be filed at any time, such as after the one year appeal period expired.
What CUE is NOT:
Rattler posted an answer to a question,Let me give you some guidance. But first I have to ask some questions.
Did you file an "intent to file" with the VA. What this means is you filed with the VA saying I want to file a claim for XX. An "intent to file" claim basically says you are going to provide the VA with more information with in one years time. (Service Medical Records, Doctors Reports outside of the VA Etc.)
If you did not do an "intent to file" you filed a direct claim and you have started the claims process. Each can be time sensitive.
Hopefully I can give you a step by step on how to do this.
1. If you have not done so you will need to get your military records including you military medical records.
You need to do this now. You military records can take 1 to 3 Mo.
Your VA records can take 8 to 9 Mo.
Without them you are kind of shooting in the dark.
You need to sign-up with the VA at https://www.va.gov/?next=loginModal .
I recommend you use Login.gov to get your login above the others as it seems to work better than the others
This way you can track you claims, apply for other VA benefits'.
2. Go to the Non-VA doctors that have diagnosed you with XXX and get there medical records. Go through the records and pull out ONLY the ones that say you have XXX and submit ONLY THE RECORS THAT PROVE YOUR CLAIM. I can not stress this enough. The VA people who review your claim do not have the time to read through 500 pages of your medical history to pick out the 2 pages that says you have XXX. This will hopefully speed up your claim.
3. The quickest way to submit stuff to the VA is at this address. https://eauth.va.gov/accessva/#forVeterans . This is why you need to get the VA access through Login.gov.
Use the Quick Submit button and follow the instructions.
This should get you going in the right direction.
Two words to the wise.
1. Do not rely on Youtube or other videos on the internet. There is a lot of misinformation out there. There is a lot of old information that doesn't work in today's VA.
2. When seeking a VSO with a veterans service veterans service organization the first words out of your mouth should be, "Do you have VBMS access." VBMS access is real time access to your VA claims file. There are a lot veterans service organization that have suto VSO that kind of only do intake for veterans service organization. What I mean by this is they are not "VA Certified Claims Agents." they are only trained by the veterans service organization to fill out forms and submit them via fax or mail. Only "VA Certified Claims Agents" have VBMS access.
Please don't hesitate to come hear and ask your questions at Hadit.com