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K9MAL

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Posts posted by K9MAL

    Received My Dbq Back From My Doc...

    in VA Disability Claims Research

    Posted

    I just wanted to make sure and point out to the poster or anyone else reading it , that the DBQ does not have a box for the Nexus statement or rationale. I think most people would assume that just filling out all the boxes that the DBQ for a NEW issue should be sufficient--However it is not.

    This is a huge oversight on the part of the VA. At the very least there should be a statement at the top of the DBQ form, that a Nexus statement and rationale is required for new issues that are not presumptive.

    I dunno, maybe they leave it off on purpose...

    I couldn't agree with you more. I think it's intentional and just another way to screw over well deserving veterans.

    Would This Be Considered A Cue?

    in CUE Clear and Unmistakable Error

    Posted

    The reason for my post above is

    1) it relates to the question of a possible submission for CUE.

    2) did the decision maker change the wording of the actual findings,

    if yes - this could be your CUE (misapplication of ) for the denial of Tinnitus.

    jmho

    I need to get my C file to determine this... But, my NOD timeframe runs out in February and I doubt I can get it by then. So, would that mean the only route feasible is a CUE if they did in fact screw up on the original determination? I think it may be lawyer time with this one.

    Thank you again to everyone!

    Would This Be Considered A Cue?

    in CUE Clear and Unmistakable Error

    Posted · Edited by K9MAL

    New evidence you submit that is not SMR's usually puts the kibosh on CUE's. The VA uses the date of the new evidence for the ED, but it is worth a try. If you don't file for the CUE you will never know if you have any grounds.

    I guess I'm unclear as to what the VA recognizes as "evidence." The newest C&P doctor referenced my SMR's for the left knee so there's no new evidence there in my mind. I did receive a new audiologist exam and she determined that I do in fact have tinnitus, which got squashed the first go around. However, it existed then and is documented as well.

    Is this a NOD situation or time for a CUE? That's the big question...

    I think this may be attorney time for me... I'll try calling Bergmann & Moore today to see what they say unless someone has a better recommendation.

    Thank you everyone for their help and advice.

    Would This Be Considered A Cue?

    in CUE Clear and Unmistakable Error

    Posted

    Yes - the a copy of the actual exam itself and all of it.

    What was discussed in your denial for Tinnitus was not exactly

    and all of what was stated on that examination report.

    Do you have a full and complete copy of your SMR's ?

    If yes, any complaints of Tinnitus in there ?

    You have to see and understand ALL of the evidence that was OR was not

    factored into your original denial.

    You can request an appointment to view your claims file at your VARO.

    Find it in your file and ask them to make you a copy.

    jmho

    I have most of the medical records, I believe. I don't believe there are complaints of tinnitus in my SMR but there are complaints of hearing loss. I just think it's odd they can service connect it now and they couldn't seem to do it then... Unfortunately I'm in Las Vegas and our VARO is in Reno so getting a copy in person isn't very feasible.

    VA Fast Letter 10-35 was issued in 2010. My job is one of those listed for hearing exposure and tinnitus so that may have something to do with the latest decision.

    Would This Be Considered A Cue?

    in CUE Clear and Unmistakable Error

    Posted

    Do you have your copy of the,

    "Albuquerque VA Medical Center Examination dated November 6, 2001"?

    Can you post the exact copy ?

    If you mean the actual doctor's exam notes from the C&P, I don't have those, unfortunately.

    I posted the actual decision letter and that's all I have. I just found out about requesting my C file and need to do that. Would the exam be in my C file? I don't think it would get here in time if I were going to go for a NOD.

    Would This Be Considered A Cue?

    in CUE Clear and Unmistakable Error

    Posted

    Bronco, unfortunately looks like the veteran missed his NOD time frame by a few weeks/months and he would have to file a CUE if he want to go for the EEDs. My suggestion would be to try to get an attorney to look at it to see where you stand and go from there.

    K9MAL when were these decisions made?

    The original decision was from 2002. The latest one was February 2014. I'm still in the NOD window for the latest one.

    Would This Be Considered A Cue?

    in CUE Clear and Unmistakable Error

    Posted · Edited by K9MAL

    My first impression is that you should file a NOD on the most recent decision, disputing the effective date, assuming that one is in the one year time period.

    Importantly is you want an earlier effective date because the VA "reopened your claim" due to new and material evidence.

    The regs for N and M evidence are here, see if any of this applies to you:

    3.156 New and material evidence...

    The most recent decision is from February 2014 so I do have time to file a NOD on it. I had a new C&P audio exam, both times were for tinnitus, and the doc looked at my knee but there was no new evidence for the knee.

    Can you use a NOD to get an earlier effective date? Or is this a CUE type thing? I really don't know the best way to approach this.

    Would This Be Considered A Cue?

    in CUE Clear and Unmistakable Error

    Posted

    I followed my VSO's advice in 2002 and didn't file a NOD, due to not wanting the VA to lower my ratings, as he suggested would happen. Fast forward to today and the 2 issues that were denied then were approved this last go around, 12 years later.

    If both issues, tinnitus and left knee, are considered to be a CUE then it would bump my old rating of 60% to 70% and the backpay would be greater than $40k. So, I'm very interested in finding out if I should file for a CUE or if the issue is dead in the water.

    This is the original decision letter for both issues.

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    post-12673-0-97787400-1414978477_thumb.j

    I Called Bob

    in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC

    Posted

    Good luck with email the head honcho about bad service you got at VA. While this may actually work some of the time, what about those disgruntled employee's who say,

    "Ok, you want progress on YOUR claim. Very well, here is what you get for complaining to my boss": (As he throws your claim in the shredder bin along with yesterday's whopper wrapper.)

    I'm not saying you're wrong but this is the same type of advice I got from the VFW after my initial decision came through 10 years ago. Don't make any waves, be grateful that they "gave" you what you got, etc. I don't give into the fear mongering anymore and could care less who's tree I rattle. If they did a thorough, competent job in the first place this wouldn't be an issue. But there are countless piece of shit federal employees who screw veterans out of benefits that are well deserved and they should be held accountable.

    Senseless Denial And Forced To Use An Attorney ! Unbelievable. !

    in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC

    Posted

    Since you've been gone, hubby's claim for increase was approved-went from 20% to 80%. Happy with that, except that the C&P examiner filled out the DBQ corresponding to a 100% rating, however the rater decided they only felt like awarding 80%.

    Congrats! And this is exactly what happened to me. Private gastro fills out DBQ in accordance with a 60% rating and they gave me 10%! Same thing for my migraines... The fight continues and I'll be blasting off that email later today with the requisite evidence to support my claim.

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