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Pretty Sure I Can Ask The Va To Cue Themselves?
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livingrock21
I posted here about a week and a half ago. Here's my prior post : http://www.hadit.com/forums/index.php?show...hl=livingrock21 .
I'll give a quick run down on my situation again.
I filed my claim in June of 07 through the BDD program. Was supposed to get my findings 90 days after that, but didn't get them until the end of Nov 07. I imediately noticed that they rated one of my conditions under the wrong VASRD code. They had me rated for Paralysis of the median nerve, and I'm supposed to be rated under Erythromelalgia (7119). Two comepletely different things, that aren't even medically related. I appealed a few days after getting my original findings. The statement of the case that I got from that was denied. Appealed again, this time they partially granted it. They agreed they messed up on the DX, but didn't change the percentage like they should have. I'm on my final appeal now. I know it could take years before I get results now. There are a few reasons for CUE. The main reason obviously being the fact that they rated me improperly to begin with, and both conditions have different rating criteria so how could the percentage stay the same. Also, every time I appealed, I filed for reconsideration. I sent in formal letters. No where in the letters did it say I wanted to file a Notice of Disagreement. Clearly stated that I'd like them to reconsider my claim.
I was under the assumption that an appeal had to be closed out before one could ask for a CUE. I read a case earlier that proved me wrong.
My questions are:
- Does everyone think I have a pretty good basis for a CUE?
- What's the average wait time for a CUE if I can keep my claim at the RO?
- Any other ideas?
Another quick question. What's the criteria for a hardship(getting a hardship to move your claim faster)?
People that read my other thread,
I thought my VSO was actually doing something to help me. He said yeah, send in your evidence(SSDI qualification letter stating conditions). Keep in mind there's alread a FORM 9 NOD in for me right now, he decided to open a new claim for increase. Yeah, that's really helping things. HAHAHA. All it's doing is slowing things down. Thinking about switching VSO's from the VFW to the DAV. Any opinions on that?
Thanks for the help in advance everyone. You guys give such great information!
Edited by livingrock21Link to comment
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