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Shyne-I
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Posts posted by Shyne-I
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Hello All!!
It's been a long time!! I have been peeping in on you all every once in all while...coping skills are still not my friends of mine...Lol! I am so sorry to hear about Carlie and the others lost along the way.
I just got my decision back on that CUE I finally decided to file after all these years and it took them less than a month to deny it based on the fact basically that the alleged error involved an exercise of judgment which cannot be characterized as undebatably erroneous. How could it be an exercise of judgement if they have rules and regulations when it comes to ratings?? 38CFR. 4.7....I guess that makes it a judgement call but I thought it was always supposed to be in favor of the veteran!! But I know that the benefit of the doubt rule does not apply to a CUE....any thoughts on how to fight??
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Congratulations on your success with Social Security. So glad you didn't have to fight for that benefit!!
Shyne-I
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Congratulations to you and your family!
Shyne-I
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Congratulations on your victory!
Shyne-I
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Great news!! Congratulations to you and your family!
Shyne-I
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Congratulations on your victory!! God is Good.
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Kate, I think a month is long enough to have shown up by now. It doesn't make sense that DAV can see it and the RO can't.My husband filed for reconsideration on a previously denied claim about a month ago. This was done through DAV. Shouldn't we get some kind of confirmation that the claim was received? He called the VA regional office last week and they said they have no record of it but DAV says they can see it in the system. Nothing on eBenefits at all but according to what is said on here, that is not unusual. It just worries me that some time down the road they may still not have a record of it so would at least like to know it is in their system.
Thanks,
Kate
Shyne-I
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Hi thomasc,Shyne,
Have you had any updates on ebenefits? It seems you have a lot going on, and the VA seems to love it when Veterans file appeals and file TDIU at the same time. This happened to me, and caused my claims to become intertwined with serious delays. Do you have a VSO? if so what's their advise?
Good luck!
My claim went back to gathering of evidence on May 2nd!! Just got the envelope yesterday and it says that they need N&M evidence for my migraine claim....the sad thing is that I sent them all the evidence with an outline of the evidence back in December. My question is how could they have missed it when it says clearly on ebenefits...DBQS for migraines received, evidence from Texas Neurology received! I was told that they just started processing my claim for PTSD by MST and that's why it went back to gathering of evidence but it still does not show an open claim for it. Oh well, that's what I get for not pushing the issue.
Shyne-I
Oh and yes I have TVC for representative.
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For the 1st time in 14yrs I personally received a call from my rater at the Baltimore Regional office. She was awesome in getting EVERYTHING back dated to my date of discharge in 2000 because it was proven it happen in service!!!!!
Two huge amounts were deposited into my account today....Ebenefits was down earlier and I couldn't check....all i can say is WOW....waiting on the big envelope to break down my 100% schedular permanent!!!!!!
The retro check I will receive is for my daughter who is now a sophomore in college...all of Tuituions and monthly stipend of lil over $1,000 will be paid ALL back!!!! Each day is great day but this May 1, 2014 will always be special!!!!!!
Bottom line...WHATEVER YOU DO....DON'T GIVE UP...KEEP FIGHTING....I AM A LIVING WITNESS.....14YRS LATER!!!!!!!!!!!!!!!!!!!!
Wow....Congratulations! ! If you don't mind sharing, what were your conditions and what was the breakdown of your conditions? Was your claim at the BVA? Again congratulations on your HUGE VICTORY!!!
Shyne-I
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navy04...congrats bud...you have worked hard and it's paid off....Can you give me tips on filing my TDIU, just got the news today PTSD 70% SC...Will this affect my Ssdi??
It won't affect your SSDI.
Shyne-I
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Thank you Shyne -I....Do you anybody who can give me advice on filing for my TDIU for 100 percent... and also how do I get permanent disability??
Try going to the TDIU forum and view some of the posts there. Maybe Veldrina can help you or some of the other members who received TDIU.
Shyne-I
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Congratulations so glad to see the influx of success stories again!!
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Congratulations on the win hogchick! !Found out today I received 70% on PTSD....Thank you soo much for your support!! 48,000 retro..now for the next phase TDIU...can anyone give me advise on what to do next??
So you already received your retro....that's great!!
Shyne-I
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HogChick have you heard anything yet?
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Woo Hoo!! Congratulations Navy04. I have been at Preparation for Decision for 6wks. today at Waco. I drove down there Friday and was able to get a couple of people to send emails to the supervisor and the rater of the team that is working my claim!! It was supposed to be expedited and it's stuck in Prep for decision, Lol!! Can't do anything but laugh at this point. My husband lost his job at the beginning of January so we have been trying to make it on my Social Security every month. We used a lot of my SS back pay to payoff our vehicles and helping family members. Hopefully, God is showing me favor with the ones working my claim. Congratulations again on your success and glad that your journey is complete!!
Shyne-I
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Congratulations on your win!!
Shyne-I
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Thank you Navy04 and NavyWife for the info.... and congratulations once again. I am so happy for you, we know how slow and dysfunctional Waco can be and it's always good to see a victory coming from there!!
Shyne-I
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UPDATE 4/23! WooHoo WooHoo WooHoo 100% 100% 100%
Thank you all so much on here, this whole process has been such a struggle over the last 7 months. In the last month God has been good to my family and I. Starting next month I will receive my 100% VA, SSDI, and my wife will be paid 2K a month to be my caretaker. I am so grateful to guys on here like USDART, 63Sierra, NavyWife, Carlie and Berta. God Bless each and every one of you. I am so emotional right now, and I feel like I am floating in the clouds. Thank you guys again and I hope that each and every one of you will post a Success Story on here very soon. Love Ya
CONGRATULATIONS NAVY04!! I am sooooo happy for you and your family! God Bless you. Quick question if you don't mind me asking. ...how did you get the care taker for 2K a month, is that thru the VA?
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HOLY CRAP!!!!I just left the RO and was checking on the time frame for the retro and they told me that I was also approved today for IU retro back to Oct 2010.Are you kidding me.They said for an amount that large it would require 3 signatures so the time frame would be approx.2 months at the worst.The girl I talked to said she would work on it personally after hours for me to speed things along.It's so hard to believe that for four years I couldn't seem to find anyone who cared and now everyone I meet at the VA Regional Office has been remarkably helpful.From 10% to 100% in four years all retro.Wish I could say it was all worth it but just don't feel that way.Thanks again to everyone here.I'll keep you all posted!!
Congratulations on your retro award!! I'm glad that you have found favor after all these years!
Shyne-I
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Congratulations!
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Congratulations on your increase!!
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Congratulations on the increase!!
Shyne-I
Exercise of Judgement used as denial for CUE
in CUE Clear and Unmistakable Error
Posted
Okay, so for some reason I can't remember my own administrative password to my scanner and I can't scan and upload my decision rating letter(narrative) that I had to Go get from the TVC because they didn't mail it with with the reply letter!!
They totally screwed me and now I have to go through the Appeals process which could take years!
I'm just going to summarize:
Reasons for Decision
The decision to grant compensation from December 1, 1994 for sinusitis is not considered to have been clearly and unmistakably erroneous because the alleged error involved an exercise of judgment which cannot be characterized as undebatably erroneous.
(And this is where they get really thrown off because they use the current rating criteria for 6512(sinusitis)
A noncompensable evaluation is granted unless there is evidence of one or two incapacitating episodes per year of sinusitis requiring prolonged(lasting four to six weeks) antibiotic treatment, or three to six non-incapacitating episodes per year of sinusitis characterized by headaches, pain and purulent discharge or crusting.
(And then for some odd reason...they throw in this statement..)
Since there is a likelihood of improvement, the assigned evaluation is not considered permanent and is subject to a future review examination.
(So here is some of the evidence that was already in my records, plus what I believe the bullet they provided for their own gun was in their May 1995 Rating Decision)
March 1994 Evaluated for complaint of sinus congestion
April 1994 Presents with 1 day history of respiratory symptoms ear pain, sore throat, nose congested, otitis media
July 22 1994 Noted some maxillary sinus tenderness with complaints of left ear pain and drainage, and temporal headaches.
July 29 1994 Evaluated for complaint of headache frontal X 1week Tension headache SIQ 24hrs
August 1994 Noted complaints of headaches and slight ear pain. Examination noted right maxillary sinus tenderness
Separation Examination noted history of frequent tension headaches and frequent sinus infections
February 1995 C & P Exam Diagnoses : 1. Frontal Sinusitis, Mild 2. History of Urinary Tract Infection 3. Sinus Headache
May 1995 Rating Decision:
In determining evaluations for sinusitis, consideration is given to the frequency and severity of recurrences, and the severity of symptomatology such as headaches, sinus discharge, and crusting or scabbing of the mucous membranes.
The evidence shows mild or occasional symptoms with X-ray evidence of sinusitis which warrants a noncompensable evaluation.
2. Whether the claim for headaches is well grounded.
The condition of sinus headache is considered a symptom of sinusitis. Service medical records show treatment for a tension headache however, this was shown to be a temporary condition which resolved with treatment, and no permanent residual disability was shown at the time of separation.
(Sinusitis was granted at a noncompensable rate and headache claim was not well grounded)
Criteria for sinusitis before October 7, 1996
With X-ray manifestations only with mild or occasional symptoms warrant a noncompensable rating
For moderate symptomatology with discharge or crusting or scabbing, with infrequent headaches a 10% rating is warranted.
For severe impairment manifested by frequently incapacitating recurrences, severe and frequent headaches, purulent discharge or crusting reflecting purulence a 30% rating is warranted.
50% evaluation is warranted for postoperative, following a radical operation with chronic osteomyelitis, repeated curettage, or severe symptoms after repeated operation.
(I feel like they should have given me the 10% rating because of the sinus headaches)