VA Disability Claims Research

29,412 questions in this forum

1. Does Anyone Have A Reference Limiting Cue To One Time?

   I read that in filing a CUE a Veteran has only "one shot" to get it right, or forever be barred from filing a Cue again. Does that apply to a single decision? What if that decision has multiple issues, and there were multiple CUE violations? What about "unadjucated" issues, that is, what if a decision failed to address an issue at all, so the Veteran was unaware the decision was "deemed denied"? I just realized this "deemed denial" thing opened up a can of worms with Cue. In case you are not up to speed a "deemed denial" means if you apply for 3 issues, and the VA issues a decision on just one, the other two are "deemed denied" and the one year appeal clock st…

   Asked by broncovet, December 22, 2009

   0 votes
   14 answers
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3. Dc

   I have been dx w/ L-5/S-1 radiculopathy. Under what diagnostic code should I use. Thx babyray :)

   Asked by babyray, December 23, 2009

   0 votes
   2 answers
4. Asking The Va To Cue Themselves

   From another thread: http://www.hadit.com/forums/index.php?showtopic=33395 Berta (or others who know such things...), I am very interested in this part. I sent a request for the VA to correct a clear and unmistakable error on my claim in February 2009. The issue was the November 2008 dismissal of my appeal as untimely, though it was clearly sent within the time-frame. The VA signed for the CUE request document, and acknowledged by IRIS that they had received it. However, they referred to it as an NOD, rather than a CUE Request, in the IRIS. It is clearly labeled at the top of each page "Request for Correction of Clear and Unmistakable Error RE: Dismissal…

   Asked by free_spirit_etc, December 21, 2009

   0 votes
   16 answers
5. General Counsel Opinion

   In a claim for service-connected aggravation of a pre-existing disability, must the veteran show an increase in disability during service to trigger the presumption of aggravation? A: No. A published General Counsel Opinion has now made clear that, under 38 C.F.R. § 3.306(:), a claimant is not required to show that the disease or injury in question increased in severity during service to trigged the presumption of aggravation, thus requiring the VA to rebut the presumption by clear and unmistakable evidence. See VAOPGCPREC 3-2003. Anyone else heard about this? Thanks, Jerr

   Asked by jerrbilly, December 22, 2009

   0 votes
   1 answer
6. Sexual Addiction

   Does anyone know if sexual addiction is rateable. Was diagnosed for it in the military. Still suffering from it. I was in inpatient clinic while in the miliatary for it. Any information would be greatly appreciated.

   Asked by elliottme2, July 13, 2009

   0 votes
   27 answers
7. New Bill Would Guarantee Seniors A Minimum Social Security

   New Bill Would Guarantee Seniors a Minimum Social Security Boost of Three Percent Every Year Dear friend, Congress has been fiddling around with healthcare over the past few months and that has pushed the issue of no COLA in 2010 to the bottom of the pile. But, TSCL hasn't forgotten and I'm sure you haven't either! TSCL is keeping the pressure on Congress. Recently, we have sent out mass faxes to Congress demanding they make COLA a priority. TSCL has also come out in support of a new bill "The Guaranteed 3% COLA for Seniors Act of 2009." The bill (H.R. 4193) is a reaction to news that seniors will not receive any Cost of Living Adjustment in 201…

   Asked by allan, December 18, 2009

   0 votes
   9 answers
8. Nod Or Reconsideration While Part Of Original Claim Is Still Deferred?

   Would anyone know about this? I'm considering either a NOD or a "Request for reconsideration" on what was denied on an original claim, but the VA still has other conditions like IVDS listed as "deferred" in their initial award letter. No evidence that they're taking any actions at all on what was deferred. 1) Can I (should I?) NOD/RFR on what was awarded, or does that mess up what is deferred? 2) Is there a way during NOD/RFR to say "just decide the IVDS on what you have"? Thanks, as always I appreciate the experience of those who've walked the path before. Steve

   Asked by Thad, December 21, 2009

   0 votes
   4 answers
9. Va Disability Waiver Refund

   I don't like to spread rumors but wanted to see if anybody had heard about this? I got this in an email from another retiree and many of us in the office are pretty sure there is no validity on this, but anybody hear of this? (See email transcript below) Waiver (Refund) Subject: VA Disability Waiver Refund$$$$$$$$$$$$$$$$ If you have a VA Disability rating of 90% or less, did you know that you are eligible for a VA Disability Waiver Refund$$$$$$. It can be filed for the last (3) years and every year from now on until 2014. This includes Federal and State refunds, but filed separately. I got my package back a few weeks ago and after rev…

   Asked by parforever, December 18, 2009

   0 votes
   13 answers
10. hypertension Autoimmune Disease: Connection To Ao

    From: retairforceman@aol.com [mailto:retairforceman@aol.com] Sent: Monday, December 21, 2009 4:49 AM To: AHammond@rand.wnyric.org; bhammond@observertoday.com; rstanton@stjoelive.com; shammond@warlegacies.org; agentorange6768@yahoo.com; agordon@legion.org; srobertson@legion.org Cc: MPaxton@nas.edu; colonel-dan@sbcglobal.net; Jim.davis@veterans-for-change.com Subject: I think Hammond is a popular name when it comes to Agent Orange research. I am very sure that the Autoimmune disease connection is the launching point of all diseases associated with Agent Orange exposure especially with Sgt Ralph Stanton and I. I was looking for the one disease that connects us a…

    Asked by allan, December 21, 2009

    0 votes
    0 answers
11. Not Sure If I Should Be Happy Or What?

    In talking to my RO on friday last week they told me that a current claim that I have in has had a decission made and is with the ppost determanation process? I also asked about my hearing / tinintus claim that I have sent in a form 9 and asked for this to be sen to the BVA. That appeal has been in since June 09 and she said something to the effect that because I sent in more supporting evidence that it was up for decission. Now before I get me hopes up that this is finally almost over what should I expect? 1. A complete award from the RO with no need to go to the BVA 2. A second SSOC denial. 3. A reopen of my claim and waiting for a decision or another C&P wh…

    Asked by stillhere, December 20, 2009

    0 votes
    8 answers
12. How Do You Un-join This Hadit Board?

    Somebody? Please? Help Me. I can't find the EXIT door. The ESCAPE hatch. Carlie, T-Bird, Berta, Pete............SOMEBODY get me the heck outta here!

    Asked by LarryJ, December 21, 2009

    0 votes
    18 answers
13. Pending Reconsideration, Got A Letter From Va

    Well, I got a letter in the mail yesterday from the VA and it stated: "We have requested an examination through a private medical facility in order to determine the current level of your disability. The private facility will soon advise you of the date, time......." Am I reading into this, but to me, it seems that they are going to give me a rating, they just don't know what number to rate at? I had my exam when I retired in November 2008. I guess that was too long ago and my current back problem was not included in the exam. Your thoughts?

    Asked by pilgrim01, December 17, 2009

    0 votes
    8 answers