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Showing content with the highest reputation on 03/31/2020 in all areas

  1. 1 point
    OK first thing first, Ms Berta is the one and only. There is no one like her and she is the expert that I know of on CUE claims. We should all take our hats off for the help and assistance she has given to veterans and their widows. I posted something like this a few years ago. Now for CUE Claims, IMHO I think the real issue with CUE Claims are the verbiage/wordage. Many veterans, VSOs, and attorneys don't know how to actually phrase a good CUE Claim. You not only have to have the evidence to support your claim/theory, you have to phrase it in a legal manner. I am not the one to believe that VA would just roll over and pay off/out a CUE claim just because VA doesn't want to deal with the headaches. Again the claim must be clear and show proof of detriment. I do agree that when a veteran responds to a rating decision, filing a CUE Claim or just a NOD should be done with a clear head. Spewing anger at the decision or the decision maker won't help. Begging and pleading won't help. A veteran and or his representative must show/prove by regulation and law that an error was made, no more no less. Yes, there are times when veterans give either too much or too little information about their claims. There are many ways to win an EED after a denial and the simplest is by filing a NOD. Those who have been around this site knows that a Cue is not a onetime shot and has no time limit. Once an attorney loses a CUE, they feel the claim is a no winner but the claim can still be won under a different CUE if the situation warrants it. Always keep in mind that a timely NOD and A CUE Claim will result in the same outcome decision. Another thing has change as to the regulations, a CUE Claim must be filed using the regulations and laws at the time of the decision. I won my CUE Claims under the legacy regulations even though they were recent wins.
  2. 1 point
    FlyboyLeRoy Another way you get an idea is if you go to ebenefits, and get to my documents. You can get a letter (for tax purposes, etc.) that will show if you are disabled and if so, what the combined rating is and rate, etc.. So, if your rating went up and/or your monthly grant is increased, you have a heads up if your claim was approved. If there isn't a change, then you didn't get approval, or, it isn't in the system yet. Another way is, assuming you have direct deposit of your disability check, check tomorrow and see if your amount increased. You can't do it very well on the back pay, if it is deposited also, because it is a lot harder to determine if it is a complex award. But, any new odd ball deposit from the VA would also indicated a back pay (or partial back pay) to you.
  3. 0 points
    I guess my topic "ABC's of DBQ's" topic was a little premature. So, with a fraud rate that high, I can imagine the extra hoops a claim is going to go through when a Veteran uses an "out of town" doc to do his/her exam. The VA wants the Veteran to use an accredited doc/service off their list. So now they got their fingers in the test taker and the test scorer. Can't see nothing going wrong with that scenario. Just sayin, Hamslice
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