Shyne-I

I'm not sure what your CUE was about, but did the original rater explain how they came to the decision to award the wrong rating?
I'm no CUE expert, but I am still learning. The whole "judgement error" part sounds like a cop out excuse for the VA to cheat Veterans every chance they get, especially regarding 4.7.
Under the presumption of regularity, the VA is assumed to have faithfully done it's job. But when someone screws up, they seem to immediately discount it as "judgement error". The way I see an "undebateable" error is when the law says they must do something, but they don't. But, I could be wrong.
 

Can you scan and attach the Reasons they gave in the denial here? (Cover C file # prior to scanning it)
If you have read any of my posts in the CUE forum ,you will see that I NEVER gave up on my CUES filed in 2003-2004. I asked for reconsideration and got meaningless rhetoric back from them, so I filed a timely NOD and waited for BVA transfer but  By time of the adjudication of my AO IHD death claim ( Nehmer),the CUEs had not been sent to BVA, so  I asked this RO doing Nehmer to properly adjudicate these CUE claims.In mere weeks, they awarded them. 2012.
The biggest problem with most CUE claims is a lack of specificity on the legal error.
Then again, in my case, their biggest error was a complete failure to read properly prepared CUEs that were prime facie  and involved much retro.
38 CFR 4.7 involves medical evidence.
We can help more when we read the denial.
 
 
 
 

Oh...and good luck with you SSDI case!!. I was approved last September, still waiting for the VA to get it together but I know that God is getting ready to bless me....you just need a little faith :)
Shyne-I

Good morning everyone. I happen to check ebenefits yesterday and sure enough my claim went from 80% and was raised to 90% with an award of TDUI. It took a total of 10 months for claim to be decided. Yes I am very happy with the outcome! Still trying to take it all in.

Here is all the treatment that I will ever need for what ails me. That's my boy (young man) doing the Patrick Swayze thing with his girl friend Sonora. It is her 15th birthday celebration called a quinceañera. So guys and gals, I did spend some of that retro on "wine, women, and song" after all! What a wonderful night!

its not because you file more claims, and they become intertwined they get delayed, its because they then have to try and make everything fit for a denial again, in the presence on newly submitted evidence. thats why many times they try to diregard the evidence. If they did things the way they should be done and were not trying to DENY CLAIMS BY ANY AND ALL MEANS POSSIBLE, they wouldnt be so far behind in claims.

My original claim was dated within the 1 year that I got out of the serivce and ALL my evidence could be located within my medical records......just kept fighting them. I didn't settle.....

Navy04 you can contact your loan provider and request a discharge application. Look up "nelnet" and they have the process for Total and Permanent Disability discharges.
Shyne-I

Wow...Congratulations! !

Shyne-I

UPDATE ! Called my VSO to find out the decision made on 4/24. PTSD 70% , TBI 50% TDIU granted Permanent & Total.

Now to wait for the official word.

Update 4/28! As of today I went from 80 to 100%. Below is my new %s:

NOW 100%
PTSD: Increased from 30% to 70%

R Knee: Increased from 0% to 10%

Granted SMC-K: For loss of a Reproductive Organ

L Testicular Surgery: (New) SC Granted 40%

Previously SC 80%

PTSD: 30%

Crohn's Disease: 30%

Migraines: 30%

Scars: 30%

Loss of Taste due to Throat Surgery: 10%

Tinnitus: 10%


100% Total Now


Thanks to all the good Vets on here for the Support, and God Bless all of you.

I won my appeal for 50% Severe Sleep Apnea after 14yrs of fighting......nice check hit the account!!!!! :):):):) I am currently at Prep for Notification on my second claim dated June 5, 2013!!!! This second claim should give me 100% Schedular Rating. The folks up in Baltimore Regional office have been awesome!!!!!

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

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!!

I am at Pending Decision Approval, maybe I will have some good news soon!

It's been a while since anyone has had a success story. Come on VA!

Okay I just want to start out by sayig thanks to the few people who had input when I started in thia site which has barely been since late February. I started my claim in May last year and ebennefits said it wasnt started til June but whatever. Anyway I didn't know about ebennefits until I hear about it in this site.. curious as to wjere my claim was I made an account. So in February I saw my claim in Gathering Evidence-phase.. not a shocker I was told could take years.. so then after my C&P for bilateral hearing loss and ptsd in February and after sending in personal stressor stories. I found out my claim was at (evidence under review) then mid march after checking almost every three days I saw it move to prep for decision. Then yesterday I looked and couldn't believe it had jumped again to pending decision approval. So today like an hour ago I looked again (could it be my lucky day I thoight to myself. .) And you wpnt believe it but my claim was complete. 60%. Expecting the BBE (mythical big brown envelope I always read about) hopefully next week! Goodluck everyone.

One more thing.. Office was in Seattle in case anyone was wondering. Have a great weekend super excited vet here 3X iraq tour + combat tested.

Well just went into ebennies to have a look and it shows both as completed. Naturally being the curious type I went to download VA letters and lo and behold it said
"You are being paid at 100 percent rate because you are unemployable due to your service-connected disabilities: Yes
You are considered to be totally and permanently disabled due to your service connected disabilities: Yes"


Now just to wait and see the big envelope arrive!!!!!!!!

Thanks a lot for doing it for him. There's nothing quite as rewarding as getting another his long overdue bennies. Beating VA at their own game is better than tall shot of Johnny Walker Blue or a 33 degree Miller High Life on a 100 degree/90% humidity day. The smell of a thick BBE is truly the smell of victory.

a

clear prop

I received a letter today from the Regional VA Center with the audit amounts and both the Retro Pay and Dependent back pay were included in the final check amount.

It's a done deal some 3 1/2 years after first submitting my claim.

Many thanks to all.

Hogchick and ncjoe1970,

I actually filed my SSDI clam in April 2012 but I hadn't worked since September 26, 2009. I filed once before in January 2010 but, I didn't provide the medical evidence because I didn't want to believe that I could no longer work at the age of 38!! I was denied the first time so I got a lawyer for the reconsideration and was denied once again!! My hearing was August 7, 2013, I called the 800 number and was told that my case had moved really fast from hearing to decision to payment processing! My retropayment was deposited in my checking account on September 6, 2013!! and they paid me from a year before my filing date April 2011. They judge found me disable since October 2009. I didn't have to wait the 5 months to get my first payment because I was disable since 10/09. If the judge found you disable November 2013, you would have to wait until after March 2014(5months) to be eligible for April 2014 and you would receive your payment for April in May. You will receive your payment on a Wednesday, which Wednesday depends on your birthday. The 1st thru the 10th is the 2nd week of the month. The 11th thru the 20th is he 3rd week of the month, and the 21st thru the 31st is the 4th Wednesday of the month. I don't understand why if you filed in September they didn't fine you disabled until November unless you or whoever told you meant 2012 instead of 2013, or unless your last day of work wasy October 31, 2013???...

Shyne-I

Thanks very much for posting this, this gives me renewed confidence. because my scenario is almost verbatim with this. And to all the superstars like Berta, Asknod, jBasser, Tbird, and all the rest who contribute, even if its encouragement, thank you. You never know the info you post could lead to something, that leads to something else, that leads to victory. I salute each and everyone of you ! Keep on keepin on.!
Our lives are so short, so to be blessed with financial and medical security truly is a blessing.

Shyne-I. I losed faith a long time ago. But I humbly ask the powers that be that things work out for you. Stay strong sister. And turn that smile upside down

Congratulations on the win Tela!!

Shyne-I

Thank you Shyne-I!!!! I can only hope some kind of monetary benefits happen soon :-D