Jump to content

Ads

  • Search

  • 0
ztecman

Is This A Cue Error On The Ro's Desision After Bva Appeal

Question

  • I was assigned a 100% service connected rating on 09/02/80 effective date 04/08/1980 (LAW PROVIDES THAT SERVICE-CONNECTED AWARD PAYMENT IS RETROACTIVE DATE OF SEPARATION PROVIDED CLAIM IS FILED WITHIN ONE YEAR OF DATE OF SEPARATION)

a. My date of seperation from the USCG was "08/04/1979"

b. I have the "ORIGINAL COPY" of DISABILITY COMPENSATION AWARD "VA FORM 21-6782" in which

paragraph 1 states:

1. "This award has been made to you for the following SERVICE-CONNECTED award has been made to you for the following Service-Connected Condition(s) with a combined evaluation of 100%. This combined rating is not arrived at by adding the percentages of your disabilities but is computed in accordance with a combined rating table.

CONDITION

S/P Left orchiectomy and Retroperitoneal Lymph Node Dissection SECONDARY to Malignant Testicular Tumor 100%. You are entitled to a Special monthly compensation Benefit on account of Anatomcal loss of a Creative Organ effective 6-16-80."

2. I was notified on 2-12-82 that compensation was being reduced from 100% to 10% due to improvement in my Service-Connected Condition. I filed a Notice of Disagreement with and received no increase in compensation and no mention of my secondary condition caused by the Malignant Testicular tumor. Decision received from RO on Dec 23rd 1982 was continue the 10% evaluation for risiduals of Testicular Carcinoma again not mentioning THE SECONDARY CONDITION AS STATED IN ORIGINAL DISABILITY AWARD DATED 09/02/1980. VETERAN WAS FURNISHED WITH A "STATEMENT OF THE CASE". THE VETERAN THEN FILED AN APPEAL WITH THE VETERANS BOARD OF APPEALS IN WASHINGTON, DC HEARING WAS SET FOR SEPTEMBER 14TH 1983 which I personally attended with an American Legion Rep. THE BVA REMANDED case to RO. The RO again failed to recognize or mention Secondary condition stated in Original Disablity Award of 09/02/1980 that was that was caused by Malignat Testicular Tumor. Was there (2) two CLEAR AND UNMISTAKEABLE ERROR'S (CUE) #1 being I was not paid back to my date of separation, and #2 being Failure to consider the Secondary Condition caused my Malignant Testicular Tumor by the RO?

Any thoughts or input on the above matter would be appreciated, I had another bout of Testicular Cancer in 1989 and have long term effects of the Chemotherpy I had in 1980 ie; hypertension, loss of teeth, feel fatigued all the time, and haven't held a job since 1996, trying to get by on the 40% SC rating I currently have.

Thanks,

ztecman :rolleyes:

Share this post


Link to post
Share on other sites

5 answers to this question

Recommended Posts

§ 3.400 General.

top

Except as otherwise provided, the effective date of an evaluation and award of pension, compensation or dependency and indemnity compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is the later.

(Authority: 38 U.S.C. 5110(a))

(a) Unless specifically provided. On basis of facts found.

(:rolleyes: Disability benefits —(1) Disability pension (§3.3). An award of disability pension may not be effective prior to the date entitlement arose.

(i) Claims received prior to October 1, 1984. Date of receipt of claim or date on which the veteran became permanently and totally disabled, if claim is filed within one year from such date, whichever is to the advantage of the veteran.

I hate this reg because it is not fair to veterans.

J

Share this post


Link to post
Share on other sites

Ad


ztec,

I am sorry but I do not understand your post.

What is your question?

carlie

Share this post


Link to post
Share on other sites

zetcman

So the reduction from 100% to 10% became a final decision and you are wanting to know if you can file a CUE? Is that right?

Share this post


Link to post
Share on other sites
zetcman

So the reduction from 100% to 10% became a final decision and you are wanting to know if you can file a CUE? Is that right?

Hi John999,

Yes, being the secondary condition wasn't mentioned.

Thanks

ztecman

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Advertisemnt


  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Latest News
  • Our picks

    • If you are a Veteran, represented by MOPH, you need to know that MOPH is closing down its offices.  This can have a drastic effect on your claim, and it wont be good for you.  You likely need to get a new representative.  

      This station confirms MOPH is closing its doors:

      http://www.kwtx.com/content/news/Waco--Purple-Heart-veterans-service-center-to-close-its-doors-480422933.html

       
      • 0 replies
    • Retroactive Back Pay.
      Retroactive Back Pay - #1Viewed Post Week of March 19. 2018

      My claim is scheduled to close tomorrow for my backpay.
      Does anyone know if it does close how long till the backpay hits the bank?
      Also does information only get updated on our claims whenever the site is down?
      • 44 replies
    • Examining your service medical records...
      * First thing I do after receiving a service medical record is number each page when I get to the end I go back and add 1 of 100 and so on.

      * Second I then make a copy of my service medical records on a different color paper, yellow or buff something easy to read, but it will distinguish it from the original.

      * I then put my original away and work off the copy.

      * Now if you know the specific date it's fairly easy to find. 

      * If on the other hand you don't know specifically or you had symptoms leading up to it. Well this may take some detective work and so Watson the game is afoot.

      * Let's say it's Irritable Syndrome 

      * I would start page by page from page 1, if the first thing I run across an entry that supports my claim for IBS, I number it #1, I Bracket it in Red, and then on a separate piece of paper I start to compile my medical evidence log. So I would write Page 10 #1 and a brief summary of the evidence, do this has you go through all the your medical records and when you are finished you will have an index and easy way to find your evidence. 

      Study your diagnosis symptoms look them up. Check common medications for your IBS and look for the symptoms noted in your evidence that seem to point to IBS, if your doctor prescribes meds for IBS, but doesn't call it that make those a reference also.
      • 9 replies
    • How to get your questions answered on the forum
      Do not post your question in someone else's thread. If you are reading a topic that sounds similar to your question, start a new topic and post your question. When you add your question to a topic someone else started both your questions get lost in the thread. So best to start your own thread so you can follow your question and the other member can follow theirs.

      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.



      Leading to:

      Post clear questions and then give background info on them.



      Examples:

      A. I was previously denied for apnea – Should I refile a claim?



      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?




      B. I may have PTSD- how can I be sure?


      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?





      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
    • I have a 30% hearing loss and 10% Tinnitus rating since 5/17.  I have Meniere's Syndrome which was diagnosed by a VA facility in 2010 yet I never thought to include this in my quest for a rating.  Meniere's is very debilitating for me, but I have not made any noise about it because I could lose my license to drive.  I am thinking of applying for additional compensation as I am unable to work at any meaningful employment as I cannot communicate effectively because of my hearing and comprehension difficulties.  I don't know whether to file for a TDUI, or just ask for additional compensation.  My county Veterans service contact who helped me get my current rating has been totally useless on this when I asked her for help.  Does anyone know which forms I should use?  There are so many different directions to proceed on this that I am confused.  Any help would be appreciated.  Vietnam Vet 64-67. 

Ads



How to get your questions answered.

All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

Tips on posting on the forums.

  1. Post a clear title like ‘Need help preparing PTSD claim’ ...
  2. Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title ... 
  3. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help ...
Continue Reading


  • Advertisemnt

  • Advertisemnt

  • Ads

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×

Important Information

{terms] and Guidelines