RodnAnn

Thanks to all who commented. My children have never been included in any decision granted by the VA because they were already out of school when VA granted my claim for the first time in 2008. My wife is included as a dependent now and has been since 2008. After looking at the audit and comparing what we could go back to (can only access to 1999) it looks like they didn't pay for any dependents. Hoping to be able to figure this out soon. The amount should be more than a few thousand dollars! God Bless all of you and enjoy the rest of your weekend.

I won my CUE all the way back to 1990 & was granted 30% for PTSD. Now how do I make them pay retro for my two children that were still in school at the time and for my wife. My daughter was 6 and my son was 14. Do I have to file a NOD for the retro payments for them ? Anyone ever had experience with this issue? I appreciate any input. Btw my wife was added as a dependent in 2008 when I was able to reopen my claim for PTSD.

Happy for you! Congratulations!

Thanks everyone. Berta, my husband spoke to the NVLSP lawyer who has been helping him with his claim and she is going to help him with the retro for his dependents benefits. She had actually taken his claim before the court of veteran's appeals and was trying to get it remanded back to the regional office in Jackson, Ms. She had been working on this since about June of 2013. We decided in the interim to file for increased evaluation from 50 to 100% on his PTSD after he was dismissed from his job. After a C&P exam VA decided to offer IU. Filled out forms for that and got rated at 70% PTSD, already 20% hearing loss and tinnitus. made total 80%. Then they gave him TDIU P&T! She also believes they should retro to the date she filed the appeal in Washington. I hope she is right. This has been a long time coming and it doesn't change the fact that my husband has a severe disability, but is does give us one less thing to cope with day to day.

My husband has finally gotten his TDIU rating for 100%. He was rated at 50% for PTSD since 2008. Also he filed a claim for CUE for at least 30% to get an earlier effective date going back to 1990. He was granted that also. Thanks to Berta who is on Hadit.com and gave me some good advice as to how to write the CUE and what codes to include. The award for the CUE is a large amount. I have a question that someone here may be able to help me with. How do I make sure they paid for my husband 's two dependents that he was due to receive for in 1990? Is there a way to access rating tables for past years?

Yes my husband is rated 50% SC for PTSD. The CUE is for an EED back to 2002. He had a diagnosis then and he has a PH which was on his DD-214. I posted about the CUE in another topic " Jurisdiction of C&ue".

Hello to all, VA refuses to recognize claim as CUE! Below is a copy of what appears on my husband's ebenefits account. It took a little while for this to sink in to me that this is the CUE that we had sent to Montgomery, AL in April of this year. Then when I talked to someone at the 800# he informed me that no matter where you send a claim it is always sent to your home state's regional office.One thing that threw me off was that he has a recent claim in for increased evaluation of his PTSD. I have no clue how to make the VA see this is a claim for cue! I have spoken to two reps at the 800# and stressed that this is a claim for cue.The VA is treating it as a claim for an earlier effective date. What else can I do to get them to see that it is cue? Details of Your Claim Claim Received: 04/11/2014 Claim Type: Compensation Estimated Claim Completion Date: 04/03/2015 to 11/19/2015 Contentions: PTSD (New) Claims Status Process Skip the Claims Process and go to the current phase. 1. Claim Received 2. Under Review 3. Gathering of Evidence 4. Review of Evidence 5. Preparation for Decision 6. Pending Decision Approval 7. Preparation for Notification 8. Complete Next Steps: We will review all available evidence and make a decision on your claim upon receipt of all requested information as outlined in the headings, "What Do We Still Need from You?" and "What Have We Done?". Several factors will determine the duration of the "Development" phase, including: · type of claim filed · number of disabilities you claim · complexity of your disability(ies), and · availability of evidence needed to decide your claim. Additional Details · Your Designated Power of Attorney · Regional Office of Jurisdiction: Jackson · Send Documentation To Department of Veterans Affairs Regional Office Regional Office 1600 East Woodrow Wilson Avenue Jackson, MS 39216 Upload Documentation What Do We Still Need From You? Your Attention is Needed · Automated 5103 Notice Response Date Requested: 05/30/2014 Due Date: 06/29/2014 I am thinking of sending this letter to VARO in Jackson, MS. Any thoughts? To whom it may concern: I would like to establish the fact that my claim that was received by your office on 04/11/2014 is a claim for CUE The first line in my claim dated 04/07/2014 reads: THIS IS A CLAIM OF CLEAR AND UNMISTAKABLE ERROR UNDER AUSPICES OF 38 USC 5109A. It is my hope that you will give me every consideration afforded to me under the laws that govern this decision. Respectively, Date______________________

Hello to all, VA refuses to recognize claim as CUE! Below is a copy of what appears on my husband's ebenefits account. It took a little while for this to sink in to me that this is the CUE that we had sent to Montgomery, AL in April of this year. Then when I talked to someone at the 800# he informed me that no matter where you send a claim it is always sent to your home state's regional office.One thing that threw me off was that he has a recent claim in for increased evaluation of his PTSD. I have no clue how to make the VA see this is a claim for cue! I have spoken to two reps at the 800# and stressed that this is a claim for cue.The VA is treating it as a claim for an earlier effective date. What else can I do to get them to see that it is cue? Details of Your Claim Claim Received: 04/11/2014 Claim Type: Compensation Estimated Claim Completion Date: 04/03/2015 to 11/19/2015 Contentions: PTSD (New) Claims Status Process Skip the Claims Process and go to the current phase. 1. Claim Received 2. Under Review 3. Gathering of Evidence 4. Review of Evidence 5. Preparation for Decision 6. Pending Decision Approval 7. Preparation for Notification 8. Complete Next Steps: We will review all available evidence and make a decision on your claim upon receipt of all requested information as outlined in the headings, "What Do We Still Need from You?" and "What Have We Done?". Several factors will determine the duration of the "Development" phase, including: · type of claim filed · number of disabilities you claim · complexity of your disability(ies), and · availability of evidence needed to decide your claim. Additional Details · Your Designated Power of Attorney · Regional Office of Jurisdiction: Jackson · Send Documentation To Department of Veterans Affairs Regional Office Regional Office 1600 East Woodrow Wilson Avenue Jackson, MS 39216 Upload Documentation What Do We Still Need From You? Your Attention is Needed · Automated 5103 Notice Response Date Requested: 05/30/2014 Due Date: 06/29/2014 I am thinking of sending this letter to VARO in Jackson, MS. Any thoughts? To whom it may concern: I would like to establish the fact that my claim that was received by your office on 04/11/2014 is a claim for CUE The first line in my claim dated 04/07/2014 reads: THIS IS A CLAIM OF CLEAR AND UNMISTAKABLE ERROR UNDER AUSPICES OF 38 USC 5109A. It is my hope that you will give me every consideration afforded to me under the laws that govern this decision. Respectively, Date______________________

Berta, Thank you for giving me and my husband a good laugh!!! We needed that! And thank you so much for all the time you spend on here giving such great advice! I will change detriment ( I think that was my error) to detrimental. I will keep you informed of how it goes.

Berta, Here is the revised version of the CUE. Where to send it? Montgomery, AL which was the VARO that committed the CUE? CUE 2.1.pdf

Berta, Thanks! Maybe I will post the final document with the personal info blocked out before I send it.

Berta, Should I rewrite the CUE and include all you stated here that I left out? john999, I hope you are right!

Berta, Thank you so much for your info! I believe that we do still have hope to get this awarded. We have been fighting a long time to see some results from all this. My husband is almost 70 years old and still having to do battle with the VA!

Berta, The reason for the 21-0845 form was so that "Peggy" would give me any info they had. Here is the actual CUE document for you to read. CUE.pdf

So, here is the latest development in my husband's claim for CUE. After sending form 21-0845 to the VA and waiting a week for them to add it to their file, I was finally able to talk to someone on the 800 #.( Reason for this was husband has no patience to deal with long phone conversations.) He informed me that according to the RO in Jackson, MS the appeal had included the CUE and that it had been allowed and compensated for. What they believe they did was to give my husband an eed for a 2011 decision in which they allowed an increase to 50% for PTSD.That eed was for August 2008 and they compensated him the additional 20% above the original 30% and compensated him the back pay. I now know that it was a mistake to send the claim for CUE while he had an appeal pending at the BVA. Apparently they lumped it into the appeal and decided it without even reading it all the way through. If they had read it they would have known he was asking for an eed back to a 2002 decision. I am considering re-writing the claim for CUE and sending it to the Jackson MS office. I have located a copy of the Dr report from Al when the PTSD diagnosis was first made. The dr was a VA dr at a primary care clinic in Jasper, AL. Also when the BVA decided the claim, they assumed the dr was a private physician and made a statement to that effect in the decision. As if to say it was not verifiable. The diagnosis is a matter of record at the VA in B'ham AL. If I were to write the claim for CUE again I intend to include a copy of the 2002 doctor report. Any advice on this?

I just discovered how to attach a file! This is what I could find to upload. I apologize for the way the 2008 one is marked up. 2002 decision.pdf 2008 decision.pdf

Berta, He did not get a DD 215. He says he does not know what that is. Yes, the PH was on his DD 214 in 1990 and in 2002. The PH was for a shrapnel wound and yes he does still have scarring. I always assumed the fact the BS was not on his DD 214 to be the reason they considered it new and material evidence and allowed it to re-open the 2002 claim in 2008.

Just for a little more background info the reason for filing for CUE. It has to do with the basis for the 2008 decision. When that decision was made the VA actually said they based their decision on the fact that my husband was awarded the purple heart and they conceded this as proof of stressor. The award was listed on his DD214. In 2002, he had a diagnosis of PTSD by a VA doctor, and the rater had access to his DD214. Yet the decision said that his PTSD was not service connected. The new evidence submitted to re-open the claim in 2008 was award of bronze star with combat V.and statements of soldiers who fought in the battle that resulted in the award of the bronze star. That however was not listed as the basis for their decision in 2008.

Thanks to all! Good info. Lots to look into and hopefully get some answers. We will post when we get some answers.

My Vietnam veteran husband is at 50% SC for PTSD & has been since 2008. 1990 was the first time he filed a claim for PTSD & he let that claim become final. Again in 2002 he filed a claim for PTSD & when he was denied he did not appeal and that claim became final. At the time of the 2 claims mentioned we lived in Alabama. So these claims were decided in Montgomery, AL. After moving to Mississippi, he got his claim re-opened in 2008 by submitting new and material evidence. That claim was decided in Jackson, MS. In July 2012 he filed for an EED on his 2008 award for PTSD( which at the time was at 30% ) to include C&UE & to extend back to 2002. At the same time he had an appeal at the BVA for an increase to 100% for the PTSD. When they ruled on the appeal in November of 2013 they mentioned the C&UE: " the issue of whether clear and unmistakable error was committed in the prior final rating decisions of November 1990 and November 2002 has been raised by the record , but has not been adjudicated by the RO. Therefore, the Board does not have jurisdiction over it and it is referred to the RO for appropriate action." My question is "Has anyone experienced a similar situation and can anyone give us any insight to where the claim for C&UE ended up?" We don't know where to go for answers and we really don't understand what this statement means. Is the claim for C&UE at the regional office in AL or MS?