jbasser

It could be a Quality assurance issue or it could be an issue of legal interpetation. they usually wont tell you the details. Rating board is old VAOLA for rating claims. They used to use rating boards for claims ratings. Thesed boards would meet on claims and usually included legal folks and medical fokls. Good luck.

From what I see, your claim should be rated within 60 days. Maybe sooner. J

Personally I think attorneys are beneficial but in this case I would try it the other way first. when we need quick action we often forget that attorneys are usually way too slow. It should ba an avenue of last resort.

The best word in this case would be "Preclude" This gentlemens back condition precludes him from working. Old Man, the biggest issue for an increase is the level of your ROM. An examiner should be able to measure your range. You can look at the schedule for rating disabilities from Hadits home page. (There is a link) You need 4.71a ( scroll down to the spine). http://ecfr.gpoaccess.gov/cgi/t/text/text-....26&idno=38 Good luck J

Your info is too vague, I see the names of the examiner and the state. Call the Va hospital hit 0 and ask for Comp and Pension dept. Then inquire if they have your records and then ask what the exams are for. They are usually nice folks and will help. J

DID you ask for the appointment yourself or did someone else ask for it. Let the claim fly as it may be inferred at the RO. As far as a C@P exam, you may have just had it. If not the RO may or may not ask for an opinion as to the etiology of your PN. But in my opinion, you will be ok if they dont lowball the secondary. J

Sb, make sure you attach all documents needed. They have them in the cfile. You should also ask for a copy of the cfile if not already done. Compare your hubbys condition to the schedule of rating disabilities. Use the info the VA omitted. If you can pinpoint the exact level of disability you can quote the regs again. If they lowballed or denied the increase and it was warranted by his present condition then you have a second cue. The bottom line is: You will succeed and things will get better. Your little one will be just fine, I have an 8 year old and the stress of this stuff had him worried too. If you guys need anything, feel free to PM me. J

You can write anything you want to. I would write like this. I would combine the NOD, CUE and reconsideration request. Name______ _______ Claim number_________________ Date:____________ I disagree with the decision dated ___/___/2008. 1. The denial letter did not list evidence from Doctor ________ in a report issued in ______/_______. I sent this information to the RO in _______/_____. Utilization of this would have cmanifestly changed the outcome of my claim. Not including this doctors report in the evidence is a CUE as it is stated in 38. CFR 4.6 § 4.6 Evaluation of evidence. The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law. The evidence was not considered even though it was in your posession. I strongly request that claim number __________________ be reconsidered. I ask it to be done with haste as time is of the essence given my current financial situation which is in extreme duress. I also ask that the RO call a cue on its own office for not applying the correct regulations as written to this claim. I have attached another copy of the Doctors report with this Notice of Disagreement/CUE / Reconsideration request.

SouthernBelle, Here is the basis for your CUE. § 4.6 Evaluation of evidence. The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law. Evidence that is in the posession of the VA at the time the claim is decided must be considered. In Your husbands case this error will manifestly change your outcome of the claim claim. Send an Iris inquiry to the service Veteran Service Center manager ans ask them what happpened to this evidence and why was it not considered. They may try to avoid a CUE by telling you cannot file a cue unless it is a final decision. Dont take no for an answer. Make them call the cue on themselves. J

21-4138 or just write a plain old letter explaining. You should actually see the decision to see why they denied the increase. The evidence they used. really you cant reopen. It has to be closed to reopen and you have 1 year to submit your NOD. You should NOD and request reconsideration on the above form. They will send you a statement of case and inform you of your options. The faster you hit them the better off you will be. Good luck. J

The schedule for rating disabilities 4.56 explains muscle injuries. Also the ratings for the Backside are: 5317 Group XVII. Function: Extension of hip (1); abduction of thigh; elevation of opposite side of pelvis (2, 3); tension of fascia lata and iliotibial (Maissiat's) band, acting with XIV (6) in postural support of body steadying pelvis upon head of femur and condyles of femur on tibia (1). Pelvic girdle group 2: (1) Gluteus maximus; (2) gluteus medius; (3) gluteus minimus Severe *50 Moderately Severe 40 Moderate 20 Slight 0 If the injuries are on the same muscle group then the VA has a Avoidance of pyramiding rule. Only 1 disability per body part. J

You can go ahead and ask for the DRO. You are alotted time to present new evidence. The DRO submission only starts the clock. It could be the simple fact thet the VA did not even recognize the increase. My bet is that they just didnt look at it and issued you a denial just for the sake of issuing a denial to get you on the claims completed list. The SSD for the service connected issue should be reconsidered. I would ask them to do that and also ask for a DRO review. I would also get an attorney. I know that many disability processes do not allow the companies to act in Bad faith but the VA gets away with it every day. Again, Spurs in the side hurt. Kick them hard. It is your benefit, you paid for it with your health. J

Lay the spurrs to them CG. J

DAV marine,I believe the Thoracic spine and Lumbar spine are considered the same spinal segment. The only recourse is ROM and radiculpathy. Radiculpathy is rated separate. The max for the ROM is 60 and thatis now based on Bed rest or incapicitating episodes. j.

Brax, I am sorry but your Poa is full of it. He is steering you on a course that will most likely sink. Since you have had other disk issues, your back has to be as stiff as a broom handle. Is every Lumbar vertabrate fused? That would rate under ankylosis. As far as the schedule of ratings, It was based on limited range of motion back then. Now it is based on the same criteria but it changed a little in 2004. Since it has gotton so severe you should ask for an increase and show them the range of motion you currently have. ALso has any Doc put you off work because of your back, Has he told you to stay off of your feet. If the answer is yes, You should qualify for the max rating at 60 percent. Beware of some of the Veterans Service officers. They are hell bent on rasing hell and less bent on applying the correct regs. I dont see a CUE. It was based ont he ratings in effect in 1991. Your ROM was too high. Even though the Disk is gone, It dont matter since it was surgically removed. I am service connected for missing disk also under traumatic arthritis. Now dont forget the secondary conditions as Radiculpathy, Sciatic foot drop, Muscle spasms, Numbness, Tingling and Ect. Go for the increase. You file cue claims directly with the agancy that you think made the CUE. This case is the BVA. Of course they will deny it and you most likely will have to go to the CAVC. J

He dont need Hass if he had boots on the ground. He needs to get his hands on the ships quarterdeck logs at the archives. They should have Logged him off the boat or back on the boat. He dont need to go into town. Just off the boat. The Buddy statements should prove his story. He may need to get an attorney. The VA is not playing fair with him. The hardly play fair with anyone. Does he have any pictures of him ashore. This may also embarrass him but a lot of blue water vets had some fun on the ground. If they were treated for the Love diseases then it may assist in proving boots on the ground. Ask hime if he remembers Chief Locke. He had to be his boss. I found him here: http://www.geocities.com/jimvasko_94555/crews.htm J

If you can prove that the VA admitted CUE which would manifestly change the outcome of the original decision then you can get your correct date. You have to show them from a legal perspective how they rated your hand wrong. It can be done. But you must do it right. Also remember the ratings for the hand in effect now do not come into play. it is the ratings that were in effect then. J

You can call your POA and they should be able to get you an answer. It wont be too long until you receive a formal decision. The POA should have an office in the same building as the RO. J

As soon as the Ploiticians realize simple math this crap will be done with. 98 percent vs 2 percent. J

Nd your latest effectiv date based on the facts you pointed out. Do you have a copy of your c file in your posession? You need to examine it very thouroughly. John

This is the most important fact. You should NOD the BVA judges decision and you may have to take it to the CAVC. The burden of proof lies in this statement. If it can be clarified then you may have a chance of retro back to the original date for the IU. The regs may have been different in 1983. Remember you have to go back to 1983 and use the regs that were in place at the time fo the decison. Dont give up on this Betty, If the actual doc can correct this statement you may be OK. It is going to add more time to this long process. But this time the wait will not be as bad. J

Hang in there Pete. Dont let them get you down. You are a survivor. J

From What I understand is the fact tthat you quit working in 1983. The original C and P doc said that you quit your Job and went to work at home. The VA denied this because they thought you were working at home as in a home based industry. If you quit and became a housewife then the Doc was wrong and he needs to correct it. A letter stating that he meant that you were not physically employed at home would do the trick as new and material evidence. If you are awsarded IU to 83 then it will be protected upon recipt. J

Call them with the letters decision. They can and most likely will tell you. The Judge has to send it to Baltimore MD. to be processed.They are open late. When it is your backpay will be in the sent to the bank. It wont be more than a couple of weeks. J

If you have a 100 percent single rating and have another rating or combination of ratings that equal 60 percent, you may qualify for an SMC. S. It is called 1100 + 60.