Jump to content

Ads

  • Search



  • 0
Berta

Cue Question

Question

I got a friend 100 P & T some time ago after a long ordeal with the VA-

He had been NSC (another example of how nothing is impossible with the VA.)

They gave him over ten years retro at 100 back to date of the claim.

But then he was talking to me one day and remembered they had denied the same claim in 1981-I saw basis for a CUE,wrote it and he filed it.

He is repped by the DAV.

He just got a decision stating that

1. VA was unaware of his mental disability when he filed his 21-526.In 1981

He had been awarded SSA in 1980 so it seems to me he said Yes to 4 g on the 526 and told them the nature of the disability.

Also he soon thereafter became a Domiciary Patient- so I am sure the VA had to be aware of his SSA because doesnt the DOM require a payment of some sort from any NSC vet with some income for disability?

2. VA said he never responded to their request for additional competent evidence that he had a current disability.

It is quite possible due to the severe nature of this vets mental disability that maybe he didnt tell them he got SSA for what ultimately became SC.

Also possible he did get a letter and didnt respond to it-something I never considered when I prepared his CUE claim.

Question- if a vet says Yes to 4 G on the 526 doesnt that trigger VA to send them a SSA authorization form?

I can understand that CUEs do not involve Duty to Assist but wouldnt that authorization form be mandated by the way the vet files out the 4 G question- are you in receipt of or have you applied for SSA?

Like the TDIU form?

I forget how I shaped this all into a CUE claim for him- and this is on a BVA remand from a 2006 decision-years have passed and he forgot to tell me the claim was remanded months ago-

I actually think he might have been institutionalized during the time frame the VA asked him to respond due to his mental disability.

Does anyone see what I mean here?

DTA violation is not a basis for CUE- but CUEs are like the Watergate question- what did VA know and when did they know it-

VA knew (I think----- this veteran is not easy to get info from due to his disability)

that he was 100% per SSA and they knew it in 1981.But only his 526 will reveal that.

Maybe I can find his remand at the BVA web site-

I advised him to get his C file long ago but dont think he did. It is the C file that might well reveal the basis of the CUE.

Does any of this make sense ?

The decision never once mentioned the SSA award as evidence they had -but they said the veteran contended that he got SSA in 1980 for what became a 100% SC P & T a few years ago back to 1995-when he re-opened the claim.

He deals with my VARO so I am very wary of anything this RO says in writing.

If they didnt know he had mental illness in 1981 -I wish I had known that too.

They cant commit a CUE on what they do not know or have evidence of.

Share this post


Link to post
Share on other sites

4 answers to this question

Recommended Posts

It makes sense to me that if VA knew he was on SSD in 1981 for a SC condition this should have triggered some kind of IU claim at least. I see it as being a claim where VA should have inferred IU from their knowledge that he was unemployable. If the VA did not know he was on SSD for SC condition then no CUE.

Share this post


Link to post
Share on other sites

Ad


You are absolutely right John-

I wrote the claim based on fact that he said the VA knew of his disability in 1981 and his SSA award.No attempt was made on VA's part to obtain the SSA files.

DAV also sent them a Statement in Support of the CUE claim.

I used M21-1 -the part where it says the VA must rate all disabilities they are aware of for the CUE- cant find my copy of it-

and the remand seems to have been based on a VCAA violation- but I think on another entirely different matter yet the remand raised the CUE issue.

You are right-I tried to explain to him CUEs are like the famous Watergate question-what did they know and when did they know it-

I dont know what he told them on the 526.But they sure might be right in this decision.

Thanks.

Share this post


Link to post
Share on other sites

Berta,

You posted,

"He just got a decision stating that

1. VA was unaware of his mental disability when he filed his 21-526.In 1981

He had been awarded SSA in 1980 so it seems to me he said Yes to 4 g on the 526 and told them the nature of the disability.

Also he soon thereafter became a Domiciary Patient- so I am sure the VA had to be aware of his SSA because doesnt the DOM require a payment of some sort from any NSC vet with some income for disability?"

I myself would also be very interested in what information is contained in his

treatment and/or progress notes from when he was living in the dom.

There is probably great medical evidence contained in them for a IU claim.

jmho,

carlie

Share this post


Link to post
Share on other sites

Carlie -I met him when he was Dom Pt in 1988 or 89.

He does get 100% P & T for this condition now.

His DOM info and mental health doctor's notes were not extensive.He lived in the Dom for years.I knew his doctor quite well and this doctor did not document much.

His recent decision was regarding an EED due to CUE.

He went from "O" NSC to 100 % with retro of almost 1/4 million.But not entirely due to his mental health notes- or DOM stuff-

we proved that a disciplinary situation in the Navy was his first manifestation of his mental SC disability.

None of this was easy to do but a doctor sure agreed with this and he won his award.

It was not the VA med recs but the SSA award as well as what we proved to be the inservice manifestation-not of a disciplinary event-but due to a mental illness that was the best evidence we had.

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