Jump to content

Ads

  • Search



  • 0
Notorious Kelly

Cue, Nod, Recon Question

Question

I want to appeal just one item in my denial.

I know for Reconsideration you must submit new evidence.

What's confusing is the denial makes no mention of evidence from C & P, other info I sent them etc.

I read that submitting the same evidence delays your claim, so I'm confused whether to file a Reconsideration using the same evidence, a CUE calling attention to the evidence, or a NOD.

I researched some previous posts before asking but it just isn't clear to me.

Thanks!

Share this post


Link to post
Share on other sites

Recommended Posts

I want to appeal just one item in my denial.

I know for Reconsideration you must submit new evidence.

What's confusing is the denial makes no mention of evidence from C & P, other info I sent them etc.

I read that submitting the same evidence delays your claim, so I'm confused whether to file a Reconsideration using the same evidence, a CUE calling attention to the evidence, or a NOD.

I researched some previous posts before asking but it just isn't clear to me.

Thanks!

Notorious,

In my opinion for reconsideration you have to submit ADDITIONAL evidence, not necessarily by VBA's

standard of "NEW" evidence.

Keep it mind though, it is not to be what they consider as cumulative evidence.

I've copied and pasted this from a BVA decision as it shows what they mean by cumulative evidence,

" The evidence added to the record since the April 1993 Board decision

is cumulative or does not create a reasonable possibility that the outcome of the decision would be changed if the claim were reopened."

Does the decision that denied the issue list the C&P and or "other info." you sent them, in the EVIDENCE Section,

even tho they did not discuss it in the Reasons and Bases Section ?

Notorious, remember a claim of CUE is only filed on a final unappealed decision.

If you're still within the time limits to file a NOD - then the claim issue would not

be ripe for a claim of CUE.

Now, Berta does frequently suggest asking the VBA to CUE themselves.

Share this post


Link to post
Share on other sites

Ad


Thanks, Carlie.

That helps clarify some.

It looks like they took information selectively from an exam/C&P but I've got to dig the Pile O' Records out of the truck to confirm and file NOD. (Good thing I didn't burn em, like I was gonna)

I don't mean to be cryptic but have reasons for not posting more detail here.

Thanks again! :smile:

Share this post


Link to post
Share on other sites

It looks like they took information selectively from an exam/C&P but I've got to dig the Pile O' Records out of the truck to confirm and file NOD.

(Good thing I didn't burn em, like I was gonna)

I don't mean to be cryptic but have reasons for not posting more detail here.

Thanks again! :smile:

Notorious,

Yes, they often select the filet out of a C&P - that support's their denial.

NO - NEVER - if your going to burn that "Pile O' Records", burn them to CD's and make copies,

stash one in a safe place as you may ALWAYS need them.

Hey - it's OK - remember, our secrets are safe with no-one : )

Share this post


Link to post
Share on other sites

Kelly

I am pretty sure I recall reading that the BVA has no authority to change a decision that the Veteran does not file an NOD to, and this is inclusive of other issues.

Far fetched (but possible) example:

You get awarded 70% for depression but you think maybe your symptoms are closer to 50%. However, you file a NOD because your Sleep apnea was denied. In your NOD, you need to specify the issues, in this example: I disagree with the Nov. 1 decision denying sleep apnea. In this instance, the BVA wont do something like deny your sleep apnea and ALSO even reduce you from 70 to 50 for depression. They cant, as they dont have jurisdiction over any issues other than the ones you file a nod on, even if they think a reduction for depression is justified.

Others can chime in here, but I dont think the BVA can adjuticate an issue UNLESS the Veteran files a NOD on THAT ISSUE.

So, your "other issues" become final, and the only issue pending is the one(s) you file a NOD on.

Share this post


Link to post
Share on other sites

In a NOD I think all you have to do is say you disagree with such and such decision dated xx/xx/xxx. I could be wrong but I don't think you have to be more specific. It is good if you are more specific.

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