I received my Award letter granting my Appeal for CUE granting me an Earlier Effective Date for my 100% Service Connected Disability Pension. It stretches from September 1, 1971 to January 27, 2003. My appeal Lawyer says he has to present a brief to the VRO outlining what I think I should be getting paid. I was shocked to say the least. The granting of CUE claims is apparently rare. I was told that my case may not reach the VRO for another 30 days and it will take some time for it to be reviewed by at least 3 review officers after the amount of the Award is determined. Determining the amount is very complicated because I went through five (3) "Successful" Marriages during this time window two children from the first which lasted a year after 1971. Putting the dates together for these Earth shaking events will be difficult as I will have to contact each of my Ex's to nail them down or else research vital statistics at the record centers involved. I do not think the VRO will want to use the expensive time to go over all of this "Historical Data" and petition me for a compromise? This covers a period of 31 years, 4 months, and 26 days. I would like to hear from others who have gone through this type of process in order to get some idea of what I am facing and how long it will take to get it funded? The way things are going, with "Savage Barbarians" at the helm, I may just get told to "Go to Hell"? These are Treacherous times! My Disability is Bipolar Affective Disorder aka Manic Depressive. i.e. I am F'ing Nuts!
CURRENT STATUS: 100% P/T
CLAIM SUBMITTED: 14 JAN 2015
INFORMAL CLAIM SUBMITTED: 26 NOV 2013
INFORMAL CLAIM RECIEVED LETTER DATED: 16 JAN 2014
PROOF of INCORRECT EFFECTIVE DATE IN CLAIM SUBMITTED 14 JAN 2015
1. 21-526EZ LINE 5 - Have you ever filed a claim with the VA?
Yes box checked
"Informal Claim" handwritten in box
2. 21-526EZ LINE 9
Handwritten inside box:
NOTE: Attached is copy of DUA letter dated Jan. 16, 2014 stating I had to submit this formal claim "within one year from the date of this letter" January 16, 2014. I am of the opinion that this submittal meets the requirement to use date of informal claim as the effective date of claim for this submittal.
3. 362/LM - INFORMAL CLAIM RECIEVED LETTER Dated 16 JAN 2014
Title of Letter: "IMPORTANT -- reply needed within 1 year"
Relevant Text of letter:
a. 'We received your request for VA benefits on November 27, 2013. We consider this request as an informal claim for benefits.'
b. "If your completed application is received within one year from the date of this letter, and we decide that you are entitled to VA benefits, we may be able to pay you from the date we received your informal claim."
4. VA FORM 21-4138 STATEMENT IN SUPPORT OF CLAIM
Dated: 26 NOV 2013
"INFORMAL CLAIM FOR THE FDC PROGRAM
I attend to apply for compensation benefits under the FDC Program. This statement is to preserve my effective date for entitlement to benefits. I am in the process of assembling my claim package for submission"
On 17 APRIL, 2014 I was at the mental clinic at the VA. I was homeless at the time so they sent me to a social worker. The social worker I believe had me fill out a form for an emergency pension. I'm not sure what I filled out exactly-not a very clear time of my life. In my paperwork I have, I see I received another informal claim letter reflective this date of 17 APRIL 2014.
1. Could opening a CUE appeal impact my current 100% P/T status? If there is any chance of this I do not want to submit a CUE at all. I just want my effective date reviewed, nothing else. Is that possible or does the whole claim get reviewed?
2. Is there someone I can contact at the VA to see why they decided on the effective date I have right now? Maybe I'm missing something and I didn't follow the rules correctly. Maybe whatever I did on 17 APRIL 2014 impacted my effective date/but even then, wouldn't my effective date be 17 APRIL 2014?
3. In your opinion, do I have a case for CUE?
4. How long does the CUE process take in your best guess?
Please include any other advice or information, links that might help me.
Side note: It goes without saying, but I would like to say it anyway; thank you so much for making this forum a resource for not only myself, but for all veterans. You guys are truly helping; THANK YOU.
Okay, now that I have been at this for over a year, I am now starting to understand the V.A.
I was medically discharged in 1975 with a recurrent dislocating patella with a DoD rating of 10%. I started having problems, as noted in my SRT, in my 10th week of boot. It was not till a year later, when bowling @ Leatherneck Lanes, that my patella completely dislocated, tearing ligaments and my meniscus.I was seen the next day in Ortho, with a 'grossly sublexed patella' and subsequently discharged for this condition.
Two months later I landed a job with Southern Pacific Railroad. About a month into the job, again, my knee went out on me causing me to 'crash and burn' at work. I was seen that evening at the V.A. and referred to Ortho, who placed me in a full leg cast for six months. Because of this I lost my job at the railroad
I then applied for Vocational Rehabilitation and put on the form that I was 10% disabled. I did not realize that it was a DoD rating v. a V.A. rating. I was subsequently denied, but it was never explained to me the difference of DoD v. V.A. Again in 1980 my patella went out on me, again tearing my meniscus and ligaments. I went to the V.A. and was X-rayed, which showed torn ligaments. I then applied for V.A. disability. I was denied, but did not know this till recently and why, as I was homeless and did not receive the notification.
According to the V.A. they submitted form VAF 21-526. They stated that I "did not receive subsequent treatment for my injury since my discharge." Which was obviously untrue, as I had been seen by the V.A. for this injury only four years earlier, only three months after my discharge, and lost my job because of it.
Today the V.A. cannot find the records of my 1975 - 1976 6 month Ortho rehab.
I can understand losing them 42 years later, but not 4 years.
I am hoping my claim is wrapped up with the V.A. within the next month, as I had my final C&P last week for my back. I have three discs that are protruding, one is on a nerve. This is due to my gait being off for the last forty years, because of my SC knee.
OH and my SC knee, they rated at 30% and took it away as they said that it was a prior injury to service and was Service Aggravated.
During the Ortho exam, after the 1975 accident on base, I stated that, once as a teen my knee gave way running track. For all I know, I could have stepped on it the wrong way, as my patella never dislocated and tore ligaments ... But the V.A. now insists it is Service Aggravated and gave me 10% for arthritis. After I was service-connected and applied for an increase, the examiner that rated my knee recently amended the exam and said that, because my condition is so severe that my left knee must now be included, as well as a bilateral factor, as I have arthritis in that knee, as she said, because of my gait. And she ordered an MRI of my Lumbar. The MRI shows DDD from S1 L1-L5. And specifically L4-L5 which I was recently told that I will need surgery, as they are compressed and pressing on a nerve.
Recently I located my physical fitness entrance exam and it makes no note of ANY issues and passes my lower extremities. I believe, because of this that the 30% for my R knee, that was denied should be awarded?
Do I have a CUE from the 1980 error?
Thank you for reading my question?
Oops ... I posted this question a few months ago:
The V.A. is driving me nuts!
Good news, I filed three CUEs and now have three C&P exams. Great news, it's with the VES and not the VA. The best news, I've seen one of these VES Doctors before and he rated the disability exactly correct!
My question is, since I was given the C&Ps for the three disabilities that I filed the CUEs against, does this mean that the VA is agreeing that they made a CUE? I understand the exams still have to happen for the rating portion, but does this mean the bureaucratic part of the VA agrees there was a mistake? Logic tells me "yes, why would they schedule an exam if they were just going to deny the CUE." However, this is the VA and logic is hard for them.
Last night I was going through my records to get them ready for the C&Ps. While I was doing this, I found another CUE that if accepted will net me another 10% back to 2005. Go through your records, DBQs, and Rating Decision letters, you might have CUEs just waiting to be found!
If I claimed to be rated for chondromalcia(knee) and I'm given a rating for flexion limitation and the VA didn't give me a rating for instability, but my knee does give out. Is it a CUE that they didn't try to give me a rating for instability? I have evidence of falling from my knee giving out in service and since then. Can some one cite some case law that would apply to them not giving me a rating even though I didn't exactly claim it?
If at a RO hearing, the hearing officer determined that a Veteran's previously unknown medical condition, i.e. heart arrhythmia or hypertension, was found so soon after entry, ( about 2 weeks ), onto active duty that in their opinion it couldn't have started in military and therefore denied the claim on that basis, have they in essence made a medical opinion and therefore something that could be contested as a CUE?
I submitted a CUE in July 2016 and checked on the status of CUE claim November 2016. My C-file has a Report of General Information form in it, with the note below.
It seems like my CUE is just sitting in limbo and they stupid thing is, they state right in their notes that "CUE needs rating separate from appeal…" My CUE is not listed in eBenefits or on Vets.gov. What can I do to ensure CUE claim is being worked on? Thanks...
I was diagnosed in 2010 with Bilateral Carpal Tunnel 10% Right (Major) and 10% Left Minor. I just noticed that the Neurologist's report sent to the VA reads a diagnosis of Carpal Tunnel Right = Moderate and Left = Mild. The rating for that should be 30% (Right/Major) for moderate and 10% (Left/Minor) for mild. Is this a pretty clear CUE or do you think I may have problems changing the decision?
Improper handling of 1999 VA Compensation Claim
I will do my best to present this in a short and respectful manner. I will do my best to truthfully represent all facts and evidence as it was presented in 1999 VA Claim. It is therefore I am seeking help in identifying any missing documents, missing evidence, non compliance of VA Regulations, etc...
I will post the photo copies of the record on my C-file which I received in 2015. I will present the Claim as it was filed through the local VSO in Farmerville, Louisiana County/Parish: Union
VA Compensation Claim for Albert Dodd
Dated: 15 June, 1999
Copy of Claim Submission: ** ( All files are in PDF format and saved to my Google Drive ) ** ( View Only ) **
VA Claim submitted on: 15 June 1999
VA Claim Received on: 18 June 1999 ( Dept of Veterans Affairs New Orleans, LA )
VA Form 21-526 Pg. 7
VA Form 21-526 Pg. 8
VA Form 21-526 Pg. 9
VA Form 21-526 Pg. 10
Authorization and Consent Included:
VA Form 21-4142 Pg. 1
VA Form 21-4142 Pg.2
** ( Notes of Interest ) **
Supporting Evidence Attachments:
1) Certified copy of DD 214
2) Copy of Discharge Account Summary ( Severance Pay ) ** ( My Certified True Copy from SMR ) **
3) Copy of Findings of the Physical Evaluation Board ** ( My Certified True Copy from SMR ) **
4) Copy of SMR's to support S/C Claim
** Physical Evaluation Board Decision **
All Evidence and Supporting documents where sent in along with the Authorization and Consent ( VA Form 21-4142 ) for Release of Medical Records on June 15, 1999
**** Dept of Veterans Affairs New Orleans, LA ****
Intake of Evidence for VA Claim for Compensation for Albert Dodd
Dated: 18 June 1999
**** Timeline for Review of Evidence and Decision ****
June 18, 1999 VA Claim Received
June 25, 1999 VA Claim Reviewed
July 08, 1999 Rating Decision ( R.M. LaCOMBRE, Rating Specialist )
Rating Decision Pg. 1
Rating Decision Pg. 2
Rating Decision Pg. 3
July 10, 1999 Compensation and Pension Award **( VA Form 21-8947 ) ** Signed into record
July 12, 1999 Notice of Decision mailed out **( Cover Sheet ) **
**** Questions for CUE ****
1) Duty to assist **( Did not attempt to help get copies of Hospital stay )**
2) Duty to assist **( Failure to assist by not scheduling a medical exam for current medical condition(s) )**
3) No Development Letter **( Failure to Notify Veteran of any further evidence needed to substantiate Claim )**
I Albert Dodd do swear that all information is correct and included. If you or someone you know has information that would help me in getting the VA to correct this wrongful Decision please post your comments.
Looking for recommendation for an attorney for a TBI claim that is well documented with an neuro psych exam. I am service connected back to 2008 but I believe I was low balled at 40% for TBI. Generally describing the results, the Exam notes severe and moderate in the results for memory and other cognitive and executive function. I asked for a reconsideration based on the difference in the test results and the VA schedule criteria on my own but got denied and gave up. I should have kept at it but I think getting an attorney is the only way I am going to make any progress.
So here I am doing what I should have done a few years ago. Does anyone have a recommendation for an attorney that handles TBI CUE? I found some TBI articles posted by Hill & Ponton out of Florida. So many out there.
Happy Thanksgiving to all my Hadit.com friends.I don't file very many CUE claims but when I do, I drink Dos Equis beer and turn on the fire hose as I did here trying to get something to stick. Boy howdy did it stick. Every error I pointed out was duly noted and addressed. The gentleman I represent is severely disabled. VA did their level best to take advantage of his pro se wife's absence of VA knowledge and deprive her husband of his lawful benefits. She filed for advanced A&A SMC (t) but he served in Vietnam-not post 9/11 and is not entitled to (t) by law. Fortunately, she found me here on Hadit and contacted me to right this injustice.
Instead of inferring the obvious entitlement to SMC r(1) rather than (t), they continued to deny for years. I immediately realized she needed VA to acknowledge the diagnosis of Parkinson's/LOU of lower extremities due to AO first and then put the carrot in front of them to lead to SMC (o) and then the pyramid to r(1). They chose to call it CUE which I disagree with but the result is still identical to what I sought. If his spouse had filed for Parkinson's in 2012 when they first figured the loss of use out, his effective date would have been 2012 and his retro would have been about $450 K for those five prior years. As it was , I was able to get it back to 3/2016. I'm debating filing a NOD on this one. Naw-just kidding.
Ladies and gentleman Vets, this is exactly why Theresa invented Hadit.com and why I began asknod.org in 2008. What you don't know can hurt you. I'm blessed to be able to help others. I live that sentiment daily. I only wish these assets had been available to me in 1989.
Win or Die (trying)
I was admin separated from the Corps because of bilateral petal femoral pain syndrome. I filed a claim with in one year of my discharge. The VA sat on it for almost a decade, until I submitted another claim, asked about the first one and filed for the exact same issues as the old claim. The only mention of this claim has been in my awards/denial letter. In the awards sections I was told that my effective date was the date of my discharge due to an unadjudicated claim that I submitted with in one year of my discharge.
My question about the CUE is that if they are working with that unadjudicated claim that was submitted with in one year of my discharge, isn't everything that I claimed supposed to be presumed to be service connected? I was active for 2.5 years and honorable discharged, I meet all of the in service requirements that I know of.
So what do you think, do I have a CUE since they never adjudicated the claim that was within one year of my discharge? The only thing that I think is going to hurt me is that the unadjudicated claim still isn't in my ebenefits site or c-file, so they might say that my claim date was the date I filed the new claim. Which is funny because they mention the old claim as the reason for my effective date being my discharge date. I still have the old claim and reference number they gave me.
I'm at 80%. I count this as a win, but I still want to push forward. It's been a long fight and I'm not ready to give up. The items I was denied for should bump me to 90%.
Thank you for your help,
EDIT: Can someone move this to the CUE section? Sorry, I didn't realize I was posting in the wrong section.
I am seeking help on reopening or CUE-ing a denied claim from 2015. I gave up fighting for a while and just recently had a claimed competed. I am seeking one of the toughest claims to get connected for (sleep apnea) and just wanted to see what you all thought of the denial reasoning and DBQ? I had a chance to look at some of my STR's and they stated a few times untreated hypertension which I wasn't aware at the time was resulting from OSA which I was diagnosed with four years after leaving the military. I am still waiting on a c-file that I put in for as of June. I have also gotten together two buddy letters and was wondering if you all think I should go ahead and spend the money for an IMO. I am currently using a CPAP after being diagnosed on 2005. Please forgive me if I am all over the place this is my first post though I've been lurking for a while. :)
I uploaded (last week) some of the decisions my late husband had gotten and Berta spotted a couple CUEs and gave me some help in drafting them. Berta if you are able to help with a few more questions Please?
I have only 2 more days till my year is up from the DIC/Accrued benefits claim where DIC was awarded and Accrued denied saying there aren't any. At that time also, I intended Substitution but the VA form got separated (my fault) and didn't get submitted. I, however, wrote it into the 21-534EZ form and checked it. I also included a cover letter that said explicitly I was substituting for any and all accrued benefits... They didn't address substitution in their decision. Now with the CUEs which aren't an accrued yet, do I need to address those 2 forms immediately before the deadline?
Here are some questions I still have if you could clarify these for me please:
A. Is a NOD for accrued benefits claimed with DIC a year ago needed – to appeal their conclusion that there are no accrued benefits? Would any backpay from these CUEs be considered accrued benefits that I would have to NOD the decision now for?
B. Is Substitution needed to do CUE claims or to receive any backpay on them?
C. What happens when future presumptions of ao are added to the list going forward (as a surviving spouse) does it affect anything I can act on?
1. Conditions claimed before – either rated or denied sc
2. Would conditions listed in the C-File but never claimed come into play ever as a presumptive?
D. If CUE is successful:
1. then qualifying for housebound or A&A will need to be judged and evidence has never been presented before…
a. does the judgement come only from the C-File? And if so, should I include printouts from C-File to bring attention to issues pertaining to them?
b. Can any evidence be added (from that date and before) since it was never considered before? And if so, do I include it with the CUE claim?
E. IHD was first decided as 30% and went back to one year prior to our first claim – effective 2004…the bump up to 60% was effective . But the 100% was effective 2006…Should any of those effective dates be different because:
1. SSDI was in place for IHD qualification date of 12/2000
2. TDIU decision being effective 2006 (but he was unemployable per SSDI in 2000?)
3. 100% decision?
4. 100% effective date adjusted back due to Nehmer 2010 addition listing it as a presumptive
5. Combination of all the above?
F. Many of the evidence documents we submitted are not in the C-File and none of the forms we submitted are there to prove what we submitted or said. Is that normal?
G. Also, the only SS docs in the C-File are the ones where I outline his conditions and behaviors in answer to the many questions on the intake paperwork for that SS claim. There’s 4 pages of handwritten (including along margins due to space shortage) that I doubt anyone is going to wade through but it’s filled with problems he was having. Should I type it all out and attach it to the handwritten forms?
H. We submitted the whole SS file but can’t prove it. We even wrote a letter to our Congressman to help us get a particular letter sent to us by SS along with their decision listing a myriad of restrictions to employment they concluded for him. I couldn’t find it and neither could SS but the Congressman did try for us. I have those communications too, but don’t want to drown them in paperwork with this claim. Any thoughts?
Again, thank you Berta. I did try the other people you suggested without success.
And thank you to everyone here who has helped me or does going forward!
68mustang posted a question in VA Disability Compensation Benefits Claims Research Forum,
GlennieHB posted an answer to a question,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.
If you are new to hadit and have DIC questions it would help us tremendously if you can answer the following questions right away in your first post.
What was the Primary Cause of Death (# 1) as listed on your spouse’s death certificate?
What,if anything, was listed as a contributing cause under # 2?
Was an autopsy done and if so do you have a complete copy of it?
It can be obtained through the Medical Examiner’s office in your locale.
What was the deceased veteran service connected for in his/her lifetime?
Did they have a claim pending at death and if so what for?
If they died from anything on the Agent Orange Presumptive list ( available here under a search) when did they serve and where? If outside of Vietnam, what was their MOS and also if they served onboard a ship in the South Pacific what ship were they on and when? Also did they have any major physical contact with C 123s during the Vietnam War?
And how soon after their death was the DIC form filed…if filed within one year of death, the date of death will be the EED for DIC and also satisfy the accrued regulation criteria.
VA C and P Exam – Do’s and Don’ts – VA Compensation Pension Exam
The following is written from a VA Compensation and Pension Examiners perspective relating to psychiatric exams. It is a good guideline for all exams but I only did psych exams. I’ve been examined by the VA for multiple problems and this is my format when I go to be examined. A little common sense and clarity ...