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kanewnut

Senior Chief Petty Officer
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kanewnut last won the day on July 13

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About kanewnut

  • Rank
    E-6 Petty Officer 1st Class
  • Birthday October 6

Profile Information

  • Military Rank
    E5 Sergeant
  • Location
    Fort Bragg, NC

Previous Fields

  • Service Connected Disability
    90%
  • Branch of Service
    USA
  • Hobby
    fishing, riding my scooter

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  1. Read in here about the binding decision. It also talks about the CUE. M21-1, Part III, Subpart iv, Chapter 2, Section B - Revision of Decisions I think you can tell them to CUE themselves. I am trying to light all the fires for my case.
  2. I sometimes doubt very seriously that the raters understand much at all.
  3. I really don't know the answer to your question. I have been diagnosed with arthritis, but not rheumatoid. Mine is degenerative. I have asked about X-rays at past C&P's and was told that once diagnosed with arthritis there was no more need for X-rays. Maybe someone else will be able to add some more to your question.
  4. I think someone recently posted on here that they got SSDI without an attorney. I think they got an evaluation from a vocational rehabilitation expert that helped them. CFR title 20 parts 400 to 499 cover social security.
  5. M21-1 has this to say about retirement V.ii.1.B.2.c. Reaching Retirement Age Do not use the discontinuance of work upon reaching mandatory or optional retirement age as the sole reason for considering a Veteran to be unemployable. The determinative factors of unemployability are whether the Veteran’s disability and age prevent the Veteran from obtaining another position. Steady employment over a long period is ordinarily an indication of the Veteran’s desire to work. Note: Inability to compete in the labor market because of age or disability is a valid basis for a finding of unemployability, even though the Veteran did not actually become unemployed because of a particular disability.
  6. Where is this? I want to check it out.
  7. A search of m21-1 CUE will get you some good stuff to read through. III.iv.2.B.4.d. Considering Requests for Revision Based on CUE Although there is no specific claim form required to request revision of a decision based on CUE, the request must be submitted in writing and signed by either the claimant or his/her authorized representative. In a valid claim of CUE, the claimant must set forth clearly and specifically the alleged error, or errors, of fact or law in the prior decision, the legal or factual basis for such allegations, and why the result would have been manifestly different but for the alleged error. Notes: A claimant is not entitled to request CUE again once there has been a final decision denying CUE on the same basis. If the CUE alleged is different from a CUE issue previously rejected, use a rating to determine whether or not a CUE was made on the new issue. Important: If a CUE finding has been determined, it may affect subsequent rating decisions to the extent that revisions in the subsequent rating decisions may be required. See Pirkl v. Shinseki, 718 F. 3d 1379 (Fed. Cir. 2013). Reference: For more information on responding to an invalid CUE request, see M21-1, Part III, Subpart iv, 2.B.4.e. This is what I put as a cover page on the last CUE I filed - I filed a CUE back in August. It was treated as correspondence. I later filed on 21-526EZ and 20-0996. VA denied the 20-0996 and later sent me a letter telling me to send in a 20-0995 along with other forms. I sent this in telling them this was for a CUE. It became a big mess and still is. The last CUE I sent in I used the cover sheet above. This one they accepted without the prior nightmare. IMHO VA FORM 4597 only deals with BVA decisions. So motion to revise is only for BVA decisions.
  8. I don’t know about workman comp, or etc. But this is what social security is limited to - Fee Agreements and Fee Petitions To get their fees paid, Social Security lawyers enter into written fee agreements with their clients and submit those fee agreements to Social Security for approval. If Social Security approves the fee agreement, it will pay your attorney for you directly out of your backpay. The attorney and the client can agree on any fee, as long as it does not exceed $6,000 or 25% of your backpay, whichever is less. That limit on fees is a part of Social Security law, and in most cases, an attorney can't charge more than that.
  9. 2018-12-18 VA VR&E Unable to Work Redacted.pdf This is the letter they wrote for me.
  10. Sometimes it feels like that is exactly what they want you to do. Don't give up. Sounds like you are doing a good job figuring this out. I find some of the denials they give me comical. You just have to keep pushing forward.
  11. I find that hard to believe. It states this "A Service of the Department of Veterans Affairs and the Department of Defense". Certainly seems to me to be a part of VA and DOD. The website is .va.gov. My question had absolutely nothing to do with getting paid. If ebenefits is just pulling in information from VA or DFAS that is even worse. I don't have anything from VA or DOD that has my middle name wrong. It doesn't make any sense that someone went in there and changed it. So did I. The data being dis[played has to come from somewhere. If everybody has duplicate entries for the same time period then I would think it is probably a program problem. If it is only me then it may be in my records alone. First I find my middle name wrong. No idea how that happens. Then someone changes my address in VA. Mail and drugs are going to an address I don't live at. No one knows who or how it got changed. Then ebenefits is displaying doubled entries. No, no one is out to get anyone, this is just VA SOP and absolutely no one is responsible. I can't believe in this day and time they are not keeping track of who is making changes to the database.
  12. I sure wish someone would try this and let me know how yours displays. Has anyone checked payment history for "all". Mine is showing double posted dates. If I click on the top one I get an error. If I click on the bottom one it works okay. I have reported it. So far no solution. I have checked with a different computer and I get the same thing. Has anyone else checked this? I would really like to know if this is just me or everyone. I had an issue in 2018 where ebenefits had my middle initial correct but my middle name was wrong. I had to send them a copy of my SSA card and my birth certificate for them to correct it. I don't know how that could get messed up. Forgive me if I feel just a little paranoid that the VA is out to get me. If I click on the top duplicate I get this message - Payment History We are unable to locate your information online at this time. Please call 1-800-827-1000 or try again later. If I click on the bottom duplicate I get - Payment History Print This Page Return to Payment Summary Edit Your Personal Contact Information Details on your Compensation & Pension - Recurring Payment sent on 07/01/2014 Net Payment:$1,312.40 Date:07/01/2014 Type:Compensation & Pension - Recurring Method:Direct Deposit Bank Name:USAA FEDERAL SAVINGS BANK Account Number:xxxxxxxxxx4199 About Payments Disclaimer: Detailed information about some benefits payments may not be available online. For example, payments made in amounts less than $1 for direct deposit or $5 for mailed checks will not be displayed in your online payment history. Gross payments and modifications will display only for recurring and irregular compensation payments. If you have questions about payments made by VA, please call the VA Help Desk at 1-800-827-1000. Payment Dates: VA pays benefits on the first of each month for the previous month. But if the first falls on a weekend or holiday, payment is made on the last business day of the previous month. Example: If May 1 is a Saturday, then benefits would be paid on Friday, April 30.
  13. You should probably post this as it's own question. This is a very old question you are replying to.
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