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  • Common Disabilities claimed as service connected disability. These links will take you to relevant articles and posts on the subject. Tinnitus | PTS(D) | Lumbosacral Cervical Strain | Scars | Limitation of flexion, knee | Diabetes | Paralysis of Siatic Nerve | Limitation of motion, ankle | Degenerative Arthritis Spine | TBI - Traumatic Brain Injury

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  1. Today
  2. my claim went from preparation for decision back to under review and has a completion date of September 2019
  3. I am guessing it means neutral. Meaning it would fall to the veteran.
  4. Welcome to hadit. Yes, Im very familiar with "the other board" where you are not allowed to say ANYTHING negative about VA. That is why I came here, in part (about 10 years ago). Is this lawyer that you have already retained, or is the Cue about a new lawyer you have not yet employed yet? I will be interested in hearing his response. I use CUE very sparingly..pretty much because it "raises the standard of review", and only file CUE when other roads wont work. For example, if you just file a simple NOD, then you keep the "benefit of the doubt", and that alone, can be a deal maker/ deal breaker. I would also be interested in what you are filing a Writ about. I personally filed a Writ Pro Se. Except for Alex, few Vets have filed a Writ, at least on this board. You said you filed a NOD. Was this about the effective date, or the disability percentage or both? The main reason to file a CUE is to secure an earlier effective date. And, the fact they awarded a benefit you applied for earlier which they denied strongly suggest cue in the earlier decision. However, if you submitted new and material evidence (38 CFR 3.156 b or 3.156 c), then a cue may not be necessary, that is, if this is in progress.
  5. The examination is neither medically consistent or inconsistent with the veterans statements describing functional loss during flareups , what does it mean for my claim
  6. Sorry they are all out of order I took pics and uploaded them
  7. @Berta Sent email to Lawyer about CUE. We may have discussed it in the past but my original claim in 2005 has the same disabilities that I had claimed in 2013 and was granted 50% SC. I'm also going to look into Writ of Mandamus. Would have to find an Attorney that would do it on contingency basis. I will update as soon as I talk with the Lawyer. Right now, I've sent in new evidence to raise Asthma 10% within the last month. DRO would have to send a SSOC before Certifying my Appeal. This will no doubt cost me more wait time but I want my case Rated correctly and I'm willing to wait them out. I really appreciate the guidance and for allowing me here to interact with all of the other Vets. Thank you!
  8. AFMedic 09 Were you diagnosed for GERD while in service, or how did you get S-C? I am interested if anyone has heard of of getting it tied into A-O.
  9. Yesterday
  10. Check your disabilities list and see if your claimed condition was SERVICE-CONNECTED. If it says not service-connected and your disability rating did not increase then it's likely a denied claim. But, you'll have to wait to get the actual letter. Ebenefits isn't always reliable.
  11. Ms. Berta what does this mean the examination is neither medically consistent or inconsistent with the veterans statements describing functional loss during flare ups  

  12. While I have more to fight back with, DRO hearing next month from other claim. The first I found I was rated last week was by bank deposit, with a check of e-benefits. PTSD was rated at 70%. Currently rated at 80%. I was denied all my secondary requests to PTSD, but will look into that. I would like to thank all of you, and information obtained from other sites to help me compile my PTSD claim.
  13. Semper Fi Vetquest...Thank you for that. It looks like I belong here because of Berta being a Whistleblower and her experience with the VA. Look...I believe that most of the rank and file VA employees want to do the right thing. As I've seen in other places: Grant if you can, deny if you must. It's the leadership and the relocation expenses and bonuses. We EARNED the benefits.
  14. Hi Berta... Nice to meet you and I'm hoping to stick around. I talked to my Lawyer about CUE and he had felt that in 2005, I was missing the Nexus, even though I had a letter from the VA Psychiatrist in Phila. that connected my Panic/Anxiety Disorder to the collapsed lungs I had during Active Duty. Perhaps I may seek out another Legal opinion. Actually, I was Disabled coming out with a Medical Review Board that spelled everything out, nice and clean. In hindsight, I should have followed through with the claim, however, I wanted to get the hell away from all of it. BTW, I have Radio experience if it's ever needed.
  15. I have only been to the VA a couple of times because I usually go to my Naval Health Clinic doctor so I don't have a lot of VA records to begin with. I can upload them I just wasn't sure if I was supposed to. It states that the evidence reviewed was my VA e-folder and CPRS (not sure what that is). I assume they can get the records if I can. I will ask the question that you said and see what they say. Thanks for the help.
  16. I think I should have added that EEDs are determined by the date of claim as well as established medical evidence in VA's possession. I have a CUE filed on an award letter with the wrong EED. The VA decided the EED of my husband's HBP ( under 1151)was August 1992. That is when he had a 1151 stroke. The available documented VA medical evidence showed HBP for 4 years prior to the stroke. That evidence was within in his VA medical records and opined on by a VACO cardio doctor for my FTCA claim.It was a contributing factor to his death. VA said I will get the actual C & P next week. Cant wait. I hope the signature is legible and I might have a hard time finding who paid this "doctor"who I dont think is any doctor at all. "I am currently researching Congressional Hearing from April 2015 regarding the Phila. & Oakland RO Whistleblowers." I am a whistle blower .The OAWB was shocked at some of the evidence I sent to them.Maybe by all of it- from an investigation I had been doing for over twenty years. I am still shocked by it myself. I told the guy I dealt with at OAWB that I dont need any whistle blower protection because I dont work for the VA ( did in the past as a Volunteer) and because the VA already did to me and my dead husband ( death by VA) all they could possibly do to hurt us. Fortunately all of that travail , however , has helped me to help veterans and their survivors.
  17. If a veteran gets denied in the past, and than subsequently is awarded for the exact same thing-they should consider that the older decision might contain a clear and unmistakable error: (CUE) This claim in the link shows what I mean: https://community.hadit.com/topic/73840-3156-va-error-cue-instead-1992-eed/ Others have used 38 CFR 3.156 for better EEDs.
  18. If you can scan and attach the decision to include the evidence list, we might be able to help more. We need to see their rationale as to the EEDS. Cover your C file #, name, address, prior to scanning it.
  19. That might be A lot to upload- If I were you ( went through something like that a few times) I would ask IRIS what you should do. I would file it as an IRIS complaint. Because VA sends you a letter saying they couldn't get your VA records , but you were able to-and what concerns me is that they have the C & P exam, but would they deny anyhow due to no VA records? Did the C & P examiner state in the exam copy that he/she had your VA records? IRIS- go to https://benefits.va.gov/benefits/ Click on Contact Us, then Click on Ask a question. Fill out the stuff, the complaint area is a pop down box .Tell them what you told us and give them the date and the alpha part of the alphanumeric code on the letter. I always suggest asking for an email reply- that way you have hard copy of what they say. It is always possible they found your records- because you got them - Or if you tell me the name of the VARO I might have some email addys and phone numbers for them.
  20. From what I can ascertain on the internet it looks like some sort of ebenefits error code.
  21. Thank you John! I am sure this will all work out ok.
  22. Berta Dr Bash reached out to him yesterday. He has not responded as of this morning. I sent the OP a message thru Hadit with the information to contact the Bash Team to get his refund. We will wait a day of two for a reply. J
  23. Hello @Indy_CV62_OS, you will find that people here are very honest about the VA. It is a mess and veterans are not treated fairly all of the time. That said I hope you can gain some knowledge here in fighting your case. I have been to the BVA three times but have never gone to the CVA. Some members have. Good luck and God bless.
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    • Type 1 Diabetes recent onset!
      I was diagnosed with Type 1 diabetes in September 2017 OUT OF NOWHERE.

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      Only healthcare received since commissioning in 2008 was from the Navy and no issues EVER.

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      Anyone with successful experience getting a rating with my circumstances?  I live in Upstate New York.
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