Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Dr Ellis IMO

Rate this question


flores97

Question

I have received my outstanding IMO from Dr John Ellis in Oklahoma City, OK and am attaching it here as an example of his excellent work, if anyone has any comments, advice or questions I would appreciate any input and thanks in advance!

hadit Ellis pg 1 001.jpg

hadit ellis pg 2 001.jpg

hadit ellis pg 3 001.jpg

Link to comment

Recommended Posts

  • 0
4 minutes ago, flores97 said:

Gastone, thanks but I believe Nick2021 is the veteran that was denied, I'm currently at 100%p&t housebound on my ratings. Nick2021, Gastone brought up a great point,  if they did not consider your IMO and you have proof that you submitted it, such as registered return receipt, that definitely sounds like a cue.  I also apologize for being absent for so long,  I've really been struggling with my health.

Now that I've read you and Gastone's responses, I probably should've waited and considered a CUE....honestly, I was very upset with what happened and went straight to UPS to fax my reconsideration request....I probably should've waited.

Link to comment
  • 0

I was ready to file a NOD 04/16 regarding an EED of a 12/15 Rating Dept Quality Control Award.

Just by chance, I had occasion to be discussing another topic with my VSR DRO Hearing (06/14) Specialist, during the conversation I mentioned my SA 100% Bump and that I was about to NOD for an EED. He advised was to hold off on the NOD and file a"Request for CUE Review" for an EED based strictly on the overlooked VMC Med Recs.  Sounded like a plan to me so I faxed him the VMC Med Recs that were overlooked, he filed the Req for an EED CUE Review 4/16, EED of additional 18 mos of Retro hit about 07/16. the Actual EED Award letter didn't arrive till about 09/16.  Semper Fi                                                                      

Link to comment
  • 0
14 hours ago, Gastone said:

I was ready to file a NOD 04/16 regarding an EED of a 12/15 Rating Dept Quality Control Award.

Just by chance, I had occasion to be discussing another topic with my VSR DRO Hearing (06/14) Specialist, during the conversation I mentioned my SA 100% Bump and that I was about to NOD for an EED. He advised was to hold off on the NOD and file a"Request for CUE Review" for an EED based strictly on the overlooked VMC Med Recs.  Sounded like a plan to me so I faxed him the VMC Med Recs that were overlooked, he filed the Req for an EED CUE Review 4/16, EED of additional 18 mos of Retro hit about 07/16. the Actual EED Award letter didn't arrive till about 09/16.  Semper Fi                                                                      

can you find anywhere in 38 cfr that says what is a CUE REVIEW OR something

that is made up

Link to comment
  • 0

Porg, I think it was about early 2014 or 15 that the VA issued a statement or Directive addressing post-Decision"Official Requests for Decision Review." Prior to that Directive, all requests for a post-decision Review were unofficial and much discussed here on Hadit as basically a waste of time.

The New "Official Request for Review" does not eliminate or postpone the 12 month NOD filing Deadline. As all experienced SC Awarded/Denied Vet's know, the Filing of an SC Claims NOD requesting any one of the (3) Appeals options (DRO Review-DRO Hearing or Traditional BVA) will add anywhere from 1+ to 5+ years wait for a Decision.

The "Req for Review" of a specific issue, should be used almost immediately after the initial Decision Letter arrives. In my case, it was filed the same week and resulted in the Correct Retro hitting within 2 months of the Filing. My NOD for the Retro EED was Locked & Cocked, just ended up not needing to be filed.

Is there anything in the 38 CFR regarding  Official "Request for Review?" Who cares, as long as it works?

Semper Fi

Link to comment
  • 0
5 hours ago, Gastone said:

Porg, I think it was about early 2014 or 15 that the VA issued a statement or Directive addressing post-Decision"Official Requests for Decision Review." Prior to that Directive, all requests for a post-decision Review were unofficial and much discussed here on Hadit as basically a waste of time.

The New "Official Request for Review" does not eliminate or postpone the 12 month NOD filing Deadline. As all experienced SC Awarded/Denied Vet's know, the Filing of an SC Claims NOD requesting any one of the (3) Appeals options (DRO Review-DRO Hearing or Traditional BVA) will add anywhere from 1+ to 5+ years wait for a Decision.

The "Req for Review" of a specific issue, should be used almost immediately after the initial Decision Letter arrives. In my case, it was filed the same week and resulted in the Correct Retro hitting within 2 months of the Filing. My NOD for the Retro EED was Locked & Cocked, just ended up not needing to be filed.

Is there anything in the 38 CFR regarding  Official "Request for Review?" Who cares, as long as it works?

Semper Fi

I don't think a review and a CUE decision  is the  same thing . If a decision was not final VA can go back and correct an error if it was made but it wont be a cue win unless it says on decision we made an error on your decision. Cue is not an easy thing to win but glad you got it. I think a lot of problems with claims filing is when we get the wrong ideal about what and how to file and a lot filing cue claims when you still have appeals rights. VA will call a cue on themselves if they find an error .      Who cares, as long as it works? 

I care because it don't work that easy for a lot of vets and it adds to the appeals claiming CUE and decision that is not final

It work for you and that's good but it wont help the next in line

 

Link to comment
  • 0

Porg, refer to VA M21 - 1,  Part III subpart ii Chapter 2 Section G, Requests for Reconsideration of Decisions that have not become Final. Change Date 03/24/2015.

My situation was based on a 12/15 Quality Review Award of a Denied 07/15 SA Increase. The only thing that I found wrong with the Award was the EED, the Sr Rater doing the QR Award missed EOR dating back an additional 18 months.

Filing the "Official Request for Review" within a couple weeks of the Award Letter arriving, resulted in the additional Retro being Awarded within 2 months. Had I filed even a NOD requesting a DRO Review, it could have been 12 to 18 months before a DRO looked at the EED Appeal.

Semper Fi

M21-1MRIII_ii_2_SecG.docx

Link to comment
×
×
  • Create New...

Important Information

Guidelines and Terms of Use