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add55p

First Class Petty Officer
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Everything posted by add55p

  1. Bronchovet, Sorry, Please understand that I am asking questions not only for myself, but for a few veerans that have questions but do not have internet access.. The particular question regarding CUE consumed by appeal was for knee condition. The example that you give is right on point. "YOu may be able to file an appeal on this, if the appeal decision does not address this issue. 38 CFR 3.103 says you are entitled to a written decision:". The cue claim was not mentioned in the DRO decision. Statement of the case ws sent to the veteran with a VA 9. Should he submit the unestablished CUE claim as an appeal in the newly eceived VA form 9? Add
  2. Anyone, I recently submitted a CUE claim for 2 finally closed claims. At the same time, I had an appeal for a claim that was submitted years later for the same condition. VA has informed me that the CUE claim was opened in error and was subsumed by the appeal process. However, there is no mention of the CUE claim in the statement of the case that I recently received. VA has informed me that I now have to file the CUE along with the Va form 9 appeal because the appeal process for that condition is still open. I always thought that a CUE was separate from an appeal.. any feedback or your thoughts would be greatly appreciated. Thanks.. Add
  3. Gaston, I will take the letter to the Military Base as you suggest. Thank you.. Add.
  4. Received commissary letter and 1172 application, my ID card information has not been sent to DEERS or local ID card section database. ID card section Rep informed me that VA has to input the ID card authorization into the system before they can process an ID card application for me. Can someone give me some idea as to what might be the problem or delay in VA inputting the ID card authorizaztion into the system. Does the pay authorization have to be finalized before the ID card is authorized? Just a thought. Thanks
  5. Pwrslm, Yes, I received an increase and the appeal closed out of pending disabilities and disabilities rated adjused up, but ebenefits still shows the number of open appeals to be 2, when in fact they were awarded. I am thinking that maybe the award has not gone through all of the approving officials, and until that process is complete the 2 appeals will not be removed. Also, another strange thing is that despite me seeing the increase, there is nothing in ebenefits that states a notice of the decision has been sent. That area in the "UPDATE" column is blank.. Add
  6. Hello, Can someone expalin why Ebenefits is still showing 3 open appeals when those appeals have been completed and no longer showing in the "Pending Disabilities" section? The rating in Ebenefits has changed, but no pay information has been noted in bank account or Ebenefits pay history. Any ideas! Thanks.. Add
  7. Bertha No, I no longer have a VSO. The Veteran Service Organisation that I had only held up my claim for years. The told me, after I had already waited two and a half years for an DRO decision, that it would be another one to two year wait. Only after I dropped them and started communicated directly with the VA did my claim began to move and was subsequently awarded by the Board. Unfortunately, while VSOs may be helpful to some veterans, my experience was a bad one. As for the alleged decision, there are related documents in the claims folder to show that the claim was still being processed and developed after long after the alleged deccision. When I requested a rating decision on the open claim, VA treated it as a claim to reopen based on new wnd material evidence, rather than adjudicating the open claim. Add
  8. Bertha, The cue is for a reported decision that could not have been made. I found out about the alleged decision after requesting a rating evaluation for an old pending claim. The date the the VA stated that a decision was made, was on 13 days into the 60 days allowed to submit evidence. In addition, I continuously received ongoing claim development correspondence from the AOJ for at least 3 years after the alleged decision date. I found out about the alleged claim after requesting that It be rated for a decision a few years after being promised that a decision would be forth coming, but I never received. Instead of the new AOJ using all of my past evidence submitted to support the initial claim to readjudicate it on the merits, they treated it as a claimed to reopen and used the alleged bogus claim to state I needed new and material evidence to open it. The newly assigned AOJ did not mention any of the development correspondence that I continued to received for the unajudicated claim that they somehow say a decision was made months earlier. I still have not been able to get a copy of that particular alleged decision. I subsequently won the appeal for the reopened claimed at the BVA and now have a couple of rating increase appeals opened. As I stated earlier, I had a CUE open for the above reason, but it has been closed with no indication that a decision notice has been sent. Add
  9. Bertha Thank you for your input. Was your cue claim consolidated with an appeal, as I think mine was. This particular CUE closed about a month ago and there is no information noted any where that a decision notice was sent. I have a pending appeals open for the same condition at the Regional Office. That is why I am thinking that the VA consolidated this claim with the appeals. It would have been nice for them to send me some sort of correspondence explaining what happened. I sent an iris a couple of weeks ago in the ask a question section in EBENEFITS and have not yet received a response. I stayed on hold for Peggy almost an hour before giving up. The music is still playing in my head!! Add
  10. Hello, Is it standard procedure for an opened CUE claim (final 2 year old claim) to be closed and consolidated with a current appeal claim for the same condition? It is my understanding that a decision should be issued by the VARO and a NOD filed by me before the claim can be placed in appeal status. Any feedback from anyone will be greatly appreciated.. Thanks.. Add
  11. Hello All Can someone tell me what form or method I am required to used to submit a CUE claim to the VA? There is a lot on this site about why, when and what to submit, but not what form or format to submit the CUE.. Thank you.. Add
  12. All Please provide your thoughts and/or recommendations on the following situation.. The veteran had his private care physician examine him and complete a thoracolumbar DBQ for his claim for a lumbar condition. 15A. DOES THE VETERAN HAVE IVDS OF THE THORACOLUMBAR SPINE? Treating PCP answered YES 15B. 15B IF YES TO QUESTION 15A ABOVE, HAS THE VETERAN HAD ANY INCAPACITATING EPISODES(a period of acute signs and symptoms due to IVDS that requires bed rest prescribed by a physician and treatment by a physician) OVER THE PAST 12 MONTHS? Treating PCP answered YES 15C. IF YES TO QUESTION 15B ABOVE, PROVIDE THE TOTAL DURATION OF ALL INCAPACITATING EPISODES OVER THE PAST 12 MONTHS: Treating PCP checked the "At Least Six Weeks" box. The veteran sent in copies of all of the incapacitating episodes that was prescribed by his treating physician that supported just over six weeks of incapacitating episodes along with copies of medication prescriptions to support long term treatment.. VA denied the claim for increase because the Veteran´s multiple incapacitating episodes did not specifically state "BED REST" on the form. Based on the box checked Yes in 15B on the questionnaire by his treating physician, he plans to submit either a notice of disagreement or a request for reconsideration. He stated that he has an appointment with his treating physician and will ask if the physician could write a support letter stating that "based on his answer to question 15B of the Thoracolumbar examination, supports that I ordered bed rest when prescribing the veteran with bed rest". The veteran understands that this claim will more than likely end up at the BVA or higher. Personally; I understand the rater and requiring that bed rest be on the prescribed incapacitating episodes, however, if the treating physician who prescribed the weeks of incapacitating episodes states in box 15B that the episodes required bed rest, the veteran should have at least received the benefit of doubt.. Thank you in advance.. Add
  13. All Can some explain why or give there thought on why Benefits Explorer shows my DOD Disability Rating at 60% and my Va Disability Rating at 0%? Thanks Add
  14. Gastone Yes, I filed the NOD within the 1 year limit. As for the request for increase, it addresses Intervertebral Disc Syndrome due to incapacitating episodes. I am currently rated 40% for 5 diagnosed back conditions, to include IVDS, based on range of motion. I am requesting an increase based on more than six weeks of incapacitating episodes during the past twelve months and more. The doctors 12 months of prescriptions for these episodes were included as evidence. Since 2006, I have been receiving incapacitating episodes prescriptions by my doctor because of the terrible pain associated with one of the multiple back condition. VA has al of these on file as well as the most recent. Since filing my claim for increase, I have has additional incapacitating episodes prescribed by my doctor and have receive multiple shots for pain.. However, the claim for increase closed on 7 January and the AB8 letter did not change. I am not sure why. I am now waiting for the mailed decision. In addition to the claim for IVDS increase, I also applied for TDIU. All evidence to include DBQ, Doctor´s statement and employer 21-4192 were submit. Based on previous post regarding AB8 letters being updated once the claim is closed, I am somewhat concerned, but not dismayed, because, if they have denied me, it would have to be for lack of reviewing the evidence. Unfortunately, I would have to appeal to get it properly rated. Thank you.. Add
  15. All A Notice of Disagreement was submitted for sciatica left and right extremities and about the same time a request for increase claim was submitted for low back condition. The notice of disagreement (appeal) for left and right conditions have been showing as a new claim in the pending disability section of ebenefits. However, while they are indicated as NEW pending disability claims, they do not show up in the open claims section, Is it is normal for NODs to show up as NEW claims in the pending disability section on ebenefits!!!! The request for increase was recently completed and there are no longer any open claims listed.. Any thoughts! Add
  16. add55p

    [[Template core/front/global/prefix is throwing an error. This theme may be out of date. Run the support tool in the AdminCP to restore the default theme.]] AB8 claim increse

    Andyman73 My friend stated that all of his claims are closed and have been moved to the "historical claim" file. As for his range of motion, he stated that he is at 40% now and is trying to get an increase to 60% based on incapacitating episodes. He states that he is constantly being written off from work to rest his back to constant, unpredictable pain and stiffness. He stated that at time he does not know whether to stand or sit.. Yes. he was rated for sciatica Right and Left Extremities in an earlier decision. However, he stated that he has a NOD in for those conditions because they low balled him. The examiner that conducted the his radiculopathy examination in the past, checked "moderate-severe" for lower right extremity and checked "severe" for lower left extremity. VA rated him 10% for each instead of 20% for the right extremity and 40% for the left extremity. He just got off of the BVA wagon when allowed the 40% and 10 + 10 for radiculopathy.. Looks like he is scheduled to take that long BVA bus ride again!! Thanks Add
  17. add55p

    [[Template core/front/global/prefix is throwing an error. This theme may be out of date. Run the support tool in the AdminCP to restore the default theme.]] AB8 claim increse

    Broncovet, I have informed my friend to wait for the mailed decision letter. as for requesting the C-file, should he have his VSO do this for him? also, he stated that he had his long time treating physician prepare examine him and completed a VA back DBQ. He stated that the stated detailed rationale in the remarks section of the DBQ explaining the back disorders that were keeping him from being employed and also stated in the DBQ that "the veteran has had more than 6 weeks of incapacitating episodes in the last hear". In support of the incapacitating episodes, the doctor provided the dates of the prescribed episodes and my friend stated that he personally had copies of all his past prescriptions and doctor´s prescribe incapacitating episodes on hand and sent them along to support the claim. If the decison come back and he is denied, I will ensure to let him know to have his VSO appeal in accordance with 3.156.. Thank you.. Add
  18. add55p

    [[Template core/front/global/prefix is throwing an error. This theme may be out of date. Run the support tool in the AdminCP to restore the default theme.]] AB8 claim increse

    Hello, This was originally sent to wrong Forum Topic.. Sorry about that!! Please give me your thoughts on the following situations. I am one of a few veterans that meet every once and a while to discuss our particulars pending claims. One veteran in the group has a VSO assigned and submitted, what he thought was a well-supported request for increase and Individual unemployability. As evidence, he submitted prescriptions showing that his back pain required more than 6 weeks of time off from work due to his pain episodes, as well as a 21-4192 form from his employer reducing his employment to on call (from $2500 to $600 a month) specifically due his associated back conditions and his frequent absence from work. He stated that his VSO informed him that at a minimum, his currently 40% back condition should be increased to 60% due to the doctor´s prescription that supports his 6 weeks of incapacitating episodes and that that may provide enough for him to get IU, but was not sure how the VA would consider his last 12 months of income which was above the earning level. The veteran is currently 70% combined. The veteran meets the minimum rating requirement for IU and wanted to file because he cannot be seated for more than a few minutes before excruciating muscle spasms or lower back and extremities pain kicks in. During our group meeting, he appears to always be in wincing due to some kind of pain. He informed me that his claim was closed and thought that it was denied because his AB8 letter in Ebenefits did not show a change. He stated that his VSO has not yet returned his call to explain what his decision letter stated. I informed him to wait on the decision letter to see what it says, because one of my past claims were closed with no change in the ab8 letter updated because of a deferred rating (The rater required me getting an explanation from one of my treating doctor before he rated the claim). Can someone from this Forum think of any past experience that you may have had with this type of situation that may have cause that VA to deny an increase out right? Despite me reading several post on this Forum that states "the ab8 letter should show new rating once the claim shows completed", I personally believe that he should not dwell on the AB8 letter not being changed simply because the claim is closed. any of your thoughts would be appreciated.. Add
  19. add55p

    [[Template core/front/global/prefix is throwing an error. This theme may be out of date. Run the support tool in the AdminCP to restore the default theme.]] Claim for increase

    Hello, Please give me your thoughts on the following situations. I am one of a few veterans that meet every once and a while to discuss our particulars pending claims. One veteran in the group has a VSO assigned and submitted, what he thought was a well-supported request for increase and Individual unemployability. As evidence, he submitted prescriptions showing that his back pain required more than 6 weeks of time off from work due to his pain episodes, as well as a 21-4192 form from his employer reducing his employment to on call (from $2500 to $600 a month) specifically due his associated back conditions and his frequent absence from work. He stated that his VSO informed him that at a minimum, his currently 40% back condition should be increased to 60% due to the doctor´s prescription that supports his 6 weeks of incapacitating episodes and that that may provide enough for him to get IU, but was not sure how the VA would consider his last 12 months of income which was above the earning level. The veteran is currently 70% combined. The veteran meets the minimum rating requirement for IU and wanted to file because he cannot be seated for more than a few minutes before excruciating muscle spasms or lower back and extremities pain kicks in. During our group meeting, he appears to always be in wincing due to some kind of pain. He informed me that his claim was closed and thought that it was denied because his AB8 letter in Ebenefits did not show a change. He stated that his VSO has not yet returned his call to explain what his decision letter stated. I informed him to wait on the decision letter to see what it says, because one of my past claims were closed with no change in the ab8 letter updated because of a deferred rating (The rater required me getting an explanation from one of my treating doctor before he rated the claim). Can someone from this Forum think of any past experience that you may have had with this type of situation that may have cause that VA to deny an increase out right? Despite me reading several post on this Forum that states "the ab8 letter should show new rating once the claim shows completed", I personally believe that he should not dwell on the AB8 letter not being changed simply because the claim is closed. any of your thoughts would be appreciated..
  20. Berta, Gastone, Asknod, and Broncovet The information in all of your responses are exactly the type that I was hoping for. I believe Asknod´s response is the hurdle that I would have to overcome (When you failed to file the VA 9, you in essence agreed with VA's finding. That you succeeded in a later reopening will always be attributable to the IMO- not the service department records recently associated with the file). While Asknod makes a very good point about not filing the VA form 9, and the reopening of the claim was attributed to the IMO. It would be great if there was some type of written VA law or court case (precedent or non precedent) that will support his reasoning. If so, please point me to the reference that specifically refutes the possibility of me being granted an earlier effective date if requested.. 38 156 © is clear when it states "An award made based all or in part on the records" would lead me to believe that because the BVA mentioned the Service treatment records individually as being in favor of the claim, then the claim was not solely attributed to the IMO. The service treatment records were also reviewed and A also pointed out in there decision. Add
  21. Please clarify this for me. 1. initially, VA denied claim due to no service records (VA first decided the claim). 2. Resubmitted to reopen claim. VA again denied claim, but I filed notice of disagreement and sent in a couple of service treatment records that were sent to me from the national personnel records center. VA continued to deny in SOC stating that the STRs were not material. (VA Second Denial that included the STRs). Not knowing what I know now, I did not file Form 9. 3. Resubmitted to reopen using strong IMO (based on the 2 Service treatment records that were associated with the claims file after VA first decided my claim. (VA Third Denial), SOC submitted after my notice of disagreement and I quickly filed form 9. BVA Awarded claim and in the decision, specifically stated that the 2 service treated records submitted were in favor of the claim. Claim subsequently awarded, but effective date is of the third request to reopen. This is what I see as a fact, if I am reading 38 156 © correctly: FACT 1.VA associated with my claims relevant official service department records that existed and had not been associated with the claims file when VA first decided my claim. FACT 2. My award was made based in part on the service treatment records that were associated with the claims file after VA First decided my claim. Per the below c.f.r. reference. © Service department records. (1) Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section. Such records include, but are not limited to: (3) An award made based all or in part on the records identified by paragraph ©(1) of this section is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions of this part applicable to the previously decided claim. I have had someone tell me that since the second claim decision included the service treatment records, that the rule in 38 156 © no longer applied. However, the individual did not provide any reference to back up that statement.. Any feedback with thoughts on this would be greatly appreciated.. Add
  22. If Arthritis is subsequently awarded/rated as a presumptive condition, are there any secondary benefits (i.e. earlier efective date or the possibility of being considered for an extra schedular rating)? Add
  23. GLW I have looked over my treatment records and I have found multiple hearing loss symptoms noted continuously since service. The BVA noted 38 C.F.R 3.303 and I maybe the VA rater decided that the condition was chronic since service and rated it at the higher rate. Thanks for the reply.. Add
  24. Andyman73 I definitely hear what you are saying!!!! I personally, was in that same struggle for VA benefits as you are referring to. My claim was actually being (what I appear to be) ignored for about 2 years. Until I called the Office of case management 202 number, absolutely no movement and I mean no movement, on my claim. My Veteran Service office kept telling me that the 2 year wait time was normal and it could take up to 3-4 years.. After my VSO told me that, I decided that I had absolutely nothing to lose, and called the 202 number listed in this forum. From then on, my claim received the appropriate attention that every claim should receive. It is sad that I must consider myself lucky after being awarded compensation for my service connected disabilities. I believe that all of the upfront legal jargon that you get at the start of the claims process, makes you feel that it is a legal battle, rather than applying for what the government states as an earned entitlement.. Thanks for the reply..
  25. To All, Great replies. I was just wondering out loud. Maybe they saw something that I did not see. Thank you.. Add
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