Cue Of A 1994 Decision

[Mr cue]

i have post on this before. its get crazy i did a cue of my 1994 decision it got to the bva they dissmissed and say there can not be a cue of a open claim.. sound great to me i was give 60% for the same issue in 2001 so i would think my effective should be 1994 right..no do you no a judge at bva granted me 20% and no more. i have never in all of life or decision seen this done. not kidding put on there no more. they open and infromal iu claim back to 94. wow i was granted iu in the same 60% claim so my iu effective date sholud now be 1994 right. no they remaned it to amc to get a medical openion. now listen to this they denied my elbow in 1994 on the bva they granted my elbow. amc work the claim i got 0% effective 2007 with one line on the decision they didnot even use any of my records. and look at the effective date.

ok i put in for recosideration told it with judge now with lawyers now with judge now with lawyer get it. i no this is bull

ok this what happen in 94 ro failed to certify the issues to the board so it sat there for all those year

i put in paper was granted 60% for same issue and granted iu 2001. i have never work. i no by law my effective date should be 1994

but what got me is this ro failing to cretify to the bva. doe this mean that bva has to make a decision on my 1994 claim to complete it. or would the dro 2001 complete my claim.

need help not sure about that one can even find were this has happen i need u team hadit

[Wings]

Where there has been no final decision on a claim, it remains pending and non-final for the purposes of appeal ... I totally understand this --and I think you do to! I have attached a pdf file entitled The Evolution of the Pending Claim Doctrine. ~Wings

As part of an appeal of an effective-date decision, a claimant may argue

that the proper effective date for his subsequently

granted claim maybe anchored in the pending unadjudicated claim.

See Ingram, supra (stating that as part of an appeal of an effective-date

decision, an appellant can raise the fact that he filed an

original claim for the same disability at an earlier date than the claim

that was subsequently granted); Hanson, 9 Vet.App. at 32 (noting that

an effective date for a claim filed in 1991 could be "anchored"

in an unadjudicated claim filed in 1984).

The determination of the proper effective date is a finding of fact. See

Hanson, supra. The Court reviews such determinations using the

"clearly erroneous" standard of review.38 U.S.C. § 7261(a)(4).

When applying this standard, "if there is a 'plausible' basis in the record for

thefactual determinations of the [board], ... [the Court] cannot overturn

them." Gilbert v.Derwin

[Mr cue]

and there is the ingram vs nicholson case that is about effective dates and pending claims. i was granted 60% for the same neck issue 2000

they open and informal iu claim back to 94 i was granted iu 2000 by law my effective date is 94 ingram vs nicholson

they remaned it to amc that not right there is nothing to develop and there just playing with it

hell the bva is working my reconsideration it been 9 month and amc still has my iu remaned that was to be expidated due to my hardship. and there stil trying to get medical opinions if i could have work back in 1994 i have even been to comp exam doc stated with my disabilty i could not have work. that was not good so they send my file back to va for doctor opinion doc stated same thing now they want a specail medical opinion. that is crazy they dont want to work the case so they keep send it out to delay. my case doesnt need any of this. its and informal claim that was granted 2000

like i say its with bva lawyer now i call and was told .tommrow i will call back and ask why lawyer cannot call me i have no vso and i refuse right now to give a lawyer 20% to make a phone call and get it done i no the law i have been do this seen i found hadit and i was granted 10% with a rating for some with gunshot wound in 94.

with help of hadit 2000 they change rating code granted me 60% and iu. so now i find out by do a cue that my claim was open all that time that crazy.

[Mr cue]

thank for that wing i will read all like i say i will be calling tommrow and ask why the lawyer cant call me seein as i have no vso or lawyer and i no the laws i dont want to have to wait for courts. if they dont do right

[Wings]

thank for that wing i will read all like i say i will be calling tommrow and ask why the lawyer cant call me seein as i have no vso or lawyer and i no the laws i dont want to have to wait for courts. if they dont do right

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I FEEL your pain. I filed CUE and it took the VA 5 years to figure out the claim was pending and not final --and has been remanded back to the RO. I hope your attny is much faster than me! Hang in there!!! ~Wings

thank for that wing i will read all like i say i will be calling tommrow and ask why the lawyer cant call me seein as i have no vso or lawyer and i no the laws i dont want to have to wait for courts. if they dont do right

x

x

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I FEEL your pain. I filed CUE and it took the VA 5 years to figure out the claim was pending and not final --and has been remanded back to the RO. I hope your attny is much faster than me! Hang in there!!! ~Wings

[Berta]

Yulookin-not to side track all this but

"i was granted 10% with a rating for some with gunshot wound in 94."

Geez that seems low.Did they rate just the scar and/or any muscular involvement?(Myler V Derwinski)

I agree with your reference to Ingram- we discussed that here before.

and I agree too you are victimized by the claims shuffle but hang in there on that EED!

[Mr cue]

i had no gunshot wound they rated me under 5322 from 94-2001 when i put nod it say i dont have deep peranting wound no higher rating .2001 rated 5393 which is ivds 60% now when i did the cue bva change rating code and gave me 20%' that 10% more from 94-2001 and put on decision no more

have you every seen bva grant a% i thought it was granted denied or remaned the bva judge put on my decision 20% no more.

call today told reconsideration with bva lawyer talk to 1800 i call bva status line ask why bva lawyer can not call me seeing as i have no vso or lawyer she told me vso or the lawyer can not talk that was bull. there going to keep this up till i take it to court.

anyone have some contacts in the bva numbers this is bull--- i have a appointment with american legon they are the one who handle the claim 94 so why cant they help me. oh my vso at vfw whiich i had in 2001 when i was granted the 60% iu. i did claim my self took paper to va myself .why wait until they have there file paper day.

any way she flip out when i did the cue and quit on me. i believe she new all along my claim had been open just as the dro who granted me the 60% iu i got the phone call oh there going to give you 60% and iu if you drop your appeal. what was i to let it go to bva and wait with 10% no i took it. be i no a bout a cue. when i did the cue she tell me oh you no they can take your 100%. no they cant i wait the 10 years before i did this just in case they try that.

i believe the person who did my mess up claim in 94 is now big in the ro because it alot of fun with my claim and that vso is in the same building.i go to ro they all no my name or my claim and do you no it took me 3 time to put the early effective date claim in. this superviser had to personally send it to amc which now has it 3 month later.

thank for letting me vent . i feel a little better