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Cue

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gba

Question

I am 100% IUE with service connected PTSD and HEP C. Medication side effects effected my ability to maintain employment; resulting in IUE.

I filed a claim for aid&attendance because of my inability to maintain personal care. Also. unable to perform unassisted personal tasks in the couumunity

The RO denied my claim. The rater stated that I choose not out because of anxiety and fear of the public. C & P exams from both mental and physical doctors

have evidence supporting my claim. The RO admits to having medical records from 2008-2010. The rater stated that I did no meet the criteria due to my rating

" you do not have a single service connected rated at 40%. I am 40/70

thanks for your support

JABBO

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"Yes! Agoraphobia is diagnosed. The rater did not discuss the c&p exam that provides this information. Also, I provided medical information with explanations of the disorder."

." The rater stated that I did no meet the criteria due to my rating

" you do not have a single service connected rated at 40%. I am 40/70"

I guess this rater never heard of Bradley V Peake.

I assume you get TDIU but no SMC at all here.

If so I would send them a Request for Reconsideration and address this Attention to on the Request and the envelope the rater's initials that appear in the upper right hand corner of their decision with the numerics.

Ask them to consider the Agoraphobia and then rate if properly as service connected and then consider you under Bradley V Peake for the SMC S award.

Of course your medical evidence for the agoraphobia will have to raise to 60% level of disability to warrant the SMC S award for HB.

I am making assumptions here however and it would be best if you could scan and post exactly why they denied.

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I accessed some BVA decisions to try to help you but realized I dont have enough info here to really do that-

are you P & T?

Did the VA in anyway absorb the agoraphobia into the PTSD diagnosis and award?

"you do not have a single service connected rated at 40%. I am 40/70" I dont see their logic on that at all......

Do you have a vet rep?

You probably know I have a pending CUE claim for lack of SMC consideration.

If VA doesn't consider SMC and the medical evidence warrants that-then they have committed a CUE.

You could even ask them as well as the Recon request to CUE themselves if they had ample evidence to consider and award SMC but didnt.

And raise Grave procedural error too as Philip suggested.

But wish we had the decision itself as to its reasons and bases.

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gba,

Yes, please post exactly what is stated in the Reasons Section to support the denial.

Also you posted,

"Claim denied in august 2010. In was denied dec. 2010. I filed appeal jan 2011 and requested a hearing w/bva"

pr is correct in letting you know the decision has not become final yet so for you to file CUE is not appropriate

at this time, per the regs. for CUE claims.

Berta mentioned asking the VA to CUE themselves.

I have tried that once and not that it can't be done, but unfortunately, it did not work in my case.

You posted claim denied in Aug 2010 - denied in Dec 2010, is this a typo or was it denied

in Aug 2010 - then you filed a NOD or Request for Reconsideration and it was denied again in Dec 2010 ?

That would have been a real fast turn around if so.

Please clarify this issue for us.

Also you posted,

"I filed appeal jan 2011 and requested a hearing w/bva"

Had you been offered or turned down either a traditional or DRO appeal prior to this ?

You said you appealed and requested a Hearing with the BVA - was a Form 9 filled out,

signed and submitted ?

pr is also right, if you're on the way to BVA and with a Hearing, it will be 3-5 years (minimum IMO)

before you have any resolve on this at all - if any.

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