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jbasser
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Posts posted by jbasser
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A VSO should not be handling the percentages for Veterans. I had one who also tried ot to the 50 percent deal.
Now If I have a valid claim in for 100 percent and a VSO says 50 percent, and I am awarded 100 percent but was awarded 50 percent first based on a VSO Than the VSO should be liable for the difference.
Interesting but should be true.
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Dorothy, I would talk to someone about a 1151 claim and itf the misdiagnosis caused you any further illness or aggrevated any illnes you have, I would consider Suit.
Here is a link to wrong diagnosis and it is pretty interesting.
http://www.wrongdiagnosis.com/s/scleroderma/misdiag.htm
John
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Dean, go to this website, type in your zip code and it will give you a list of options. Pick one and call them tommorrow.
http://www.medicarenewswatch.com/?gclid=CO...CFR1EWAodFAP0Tw
I hope this helps.
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Berta, they are not all lawyers, They are former SSA employees who know the system. They even track SSA claims for Disability companies as I found out last month, They are tracking mine on behald of the LTD company.
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It may be beneficial to wait because the claims folder is with the appeals team and you do not want it kicked back to the development team. This can cost a lot of time in the process.
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Freeda, It appears to mne the rating can be A lot higher depending on the Level of the DJD / DDD.
Degenertative Disk Disease is rated under IVDS. Invertrabal disk syndrome and the ratings are based on your husbands limitation of motion. If there are any nerves involved, then the VA rates the Nerves separately.
With the Cpap use is 50 percent. Concurrent recipt should be OK.
The Sooner filed the better.
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Berta your amazing, You have just given me another avenue to claim my vision problems secondary to SC hypertension.
Your absolutely, posativly, and without any doubt, The Best I have ever saw when it comes to Vet claims.
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Has anyone ever gotton a NSC condition connected for the Aggrevation of a SC condition?
I have fiiled for a Lung condition with Pulmonary hypertension as aggravating a heart condition.
Basically it should be a no brainer but I forget who we are dealing with.
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Nathan, I take 40 MG lisoniprol, 30 mg Nifedipine, 25mg Diuretic, 100mg metropolol 50 X, 0.1 mg Clonidine.
That is what it took to get mine under control and many times it still goes over 130 Diastolic.
Stay away from salt, Pork. Eat Garlic on everything you can.
Learn how to relax.
Go fishing as much as you can.
My BP and yours is called disabling Hypertension.
Good Luck
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I guess I have another CUE claim to file then since I have it in writing from a VSCM concerning a IVDS range of motion error adjudicated at 10 percent instead of the Listing of 20 percent According to the regs. It was also explained that any rating is based on the Veterans employment impairment caused by a service connected disbility and mine at the time only warranted 10 percent. Is that also a CUE?
If it is, Let me know and I will immediatly dig into it.
Thanks for straightening this old hill billy out.
John
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More on Cue from M21.
7. Clear and Unmistakable Error (CUE)
Introduction This topic contains general information on CUE per 38 CFR 3.105(a), including
• the definition of the term clear and unmistakable error
• the provisions of 38 CFR 3.105(a)
• the determination requirements
• identifying a CUE
• handling allegations of CUE
• determining a case of CUE
• handling decisions made by Rating Veterans Service Representatives (RVSRs)
• applying the benefit-of-the-doubt rule
• revising prior decisions, and
• approval of ratings prepared under 38 CFR 3.101(a).
Change Date December 13, 2005
a. Definition: Clear and Unmistakable Error A clear and unmistakable error (CUE) is an error that is undebatable in that a reasonable mind can only conclude that the original decision was fatally flawed at the time it was made.
b. Provisions of 38 CFR 3.105(a) 38 CFR 3.105(a) provides that if clear and unmistakable error is established in a previous rating determination, then the
• prior decision is reversed or amended, and
• effect is the same as if the corrected decision had been made on the date of the reversed decision.
Continued on next page
7. Clear and Unmistakable Error (CUE), Continued
c. Determination Requirements A CUE determination must be based on the record and the law that existed at the time of the prior decision.
In a valid claim of CUE, the claimant must assert more than a disagreement as to how the facts were weighed or evaluated. There must have been an error in prior adjudication of the claim.
Example: A new medical diagnosis that corrects an earlier diagnosis ruled in a previous rating would not be considered an error in the previous adjudication of the claim.
d. Identifying a CUE A CUE exists if
• there is an error that is undebatable so that it can be said that reasonable minds could only conclude that the previous decision was fatally flawed at the time it was made
• Department of Veterans Affairs (VA) failed to follow a procedural directive that involved a substantive rule
• VA overlooked material facts of record, or
• VA failed to apply or incorrectly applied the appropriate laws or regulations.
Note: If the claimant contends that VA’s failure to follow a procedural directive determined the outcome of the claim, contact the Compensation and Pension (C&P) Service for advice on any rule-making arguments that may have been advanced.
References: For more information on
• CUE, see 38 CFR 3.105(a)
• potential errors in following procedures, see Allin v. Brown, 6 Vet. App. 207 (1994), and
• CUEs based on VA’s constructive notice of medical records, see
VAOPGCPREC 12-95, and
M21-1MR, Part III, Subpart iv, 1.3.
Continued on next page
7. Clear and Unmistakable Error (CUE), Continued
e. Handling Allegations of CUE Determine the precise nature of the claim when CUE is alleged. Regional offices (ROs) or the Board of Veterans’ Appeals (BVA) will deny claims of CUE if the claimants do not specify the factual or legal errors at issue.
A claimant is not entitled to raise a particular claim of CUE again once there has been a final decision denying that same CUE claim.
If the CUE alleged is different from a CUE issue previously rejected, a rating is needed to determine whether or not a CUE was made on the new issue.
f. Determining a Case of CUE When determining whether there is a CUE
• consider the
law that existed at the time of the prior decision, and
full record that was before the rating activity at the time of the prior decision, and
• determine whether the error would have by necessity changed the original rating decision.
Note: Errors that would not have changed the outcome are harmless and the previous decisions do not need to be revised.
g. Handling Decisions Made by Rating Veterans Service Representatives (RVSRs) Decisions based on the judgment of the RVSR, such as the weight given to the evidence, cannot be reversed on the basis of CUE unless the decision is the result of misapplication of directives, laws, or regulations.
Continued on next page
7. Clear and Unmistakable Error (CUE), Continued
h. Applying the Benefit-of-the-Doubt Rule The benefit-of-the doubt rule of 38 U.S.C. 5107(:) is not applicable to a CUE determination since
• an error either undebatably exists, or
• there was no error within the meaning of 38 CFR 3.105(a).
Reference: For more information on applying the benefit-of-the-doubt rule, see
• Russell v. Principi, 3 Vet. App. 310 (1992)
• 38 CFR 3.105(a), and
• 38 U.S.C. 5107(B).
i. Revising Prior Decisions Revise a prior decision to conform to what the decision should have been once a determination is made that there was a CUE in that decision.
j. Approval of Ratings Prepared Under 38 CFR 3.105(a) All rating decisions prepared by RVSRs under 38 CFR 3.105(a) require the approval of the VSCM or designee at the Coach level or higher. Ratings prepared by DROs would require the approval of the VSCM or Assistant VSCM if they would effect
• severance of service connection, or
• a reduction in evaluation of an SC disability(ies).
Exception: Approval of the VSCM or designee is not necessary if the rating is the result of a Board of Veterans Appeals or Court of Veterans Appeals ratings decision.
Reference: For more information on CUEs involving rating issues, see M21-1MR, Part I, 5.C.13.f.
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jbasser,
You stated;
You cannot file a CUE claim unless the decision was a final decision
Not really true. A veteran can claim a CUE was made also if they are within the one year appeals period. For example, let's say the VA assigns DC code 5243 for IVDS and the veteran was given a rating of 20% with a foward flexion of 15 degrees. This constitutes a CUE as the rating schedule clearly states that if forward flexion is less than 30 degrees, a 40% rating is to be assigned!
Vike 17
That still is not a Cue. That would be a reconsideration. The claim would not have been final unless the 1 year period had passed. Even though a CUE was onvolved and it should be addressed by the rating official upon doing the reconsideration during the 1 year time limit. It the decision is past the 1 year stage and is final. Then Cue can be persued.
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There are some attorneys that are licensed medical Doctors who have changed their occupation to assist Social Security claimants. These persons having the Medical Knowledge would greatly benefit any vet overexisting the services of any representative either attorney, or Veterans representative.
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A Cue is a collataral attack on a decision deemed final. A claim in appeal is not final. You cannot file a CUE claim unless the decision was a final decision. However, The VARO can call CUE at anytime it deems necessary.
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First of all do not rush into dumping the Rep, He probally thought he was doing you a good thing and does not understand. Call him up and ask him to withdraw the Claim today and ask him to explain it in writing and get a confirmation signature from the VARO service Center Manager that the claim has been withdrawn.
ALso explainto the DAV Rep that if you lose any benefits resulting from their error that you are prepared
to persue legal action against them to recoup any benefits lost. ( That can be done) You may want to hold that card until he shows his hand. He may realize his error and fix it pronto. If he does not, Lay it on him.
After you get your satisfaction, Then proceed to drop the DAV. I have always stated here on hadit to only use VSO as secretarys and file everything direct yourself. Only the Vet can be sasured he is correct and Never trust anyone with subjects that affect a persons livelyhood and well being.
Take no prisoners for VSO's are not part of the Geneva Convention.
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Medical Jig Saw Puzzle. He needs to map the entire history of the hearing loss and then show it to a MD and get a least as likely as not related to Aircraft Engine Noise.Needs to show his occupations since service and if there are any that severe noise, be cautious for VA rebuttal of claim compared to post service noise exposure. SMR should be obtained also showing complaints to Navy medical personnel. This can be done even for his age, the hearing loss
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CAvman, Be watchful for the VA loves to play YO YO with Blood pressure readings. If the readings dip below the 109 mark for Diastolic for several occasions they will lower the rating to 10 percentage.
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Good Idea Rob, I will start on Chandler. Copy that letter to Jim Bunning.
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I believe any hospital has the right to run a Toxicity Screen as well as an Aids test on Patients.
Usually the Emergency rooms do that. They only do it if they suspect a serious life threatning illness or they are brought in by the Police following an accident and are suspected of operrating a Vehicle under the influence. Do not be taking Marijuana and get into an auto accident and Kill someone. People go to prison every day for doing the same.
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I woukd look at the Lungs, Opiates effect the Lung. Can Cause Pulmonary Hypertension after Long Stabnding use. Of Course Pulmonary conditions aggrevate the heart and Vise Versa.
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John, HTN is the abbreviaton for Hypertension, IBS is the Abbreviation for Irritable Bowell Syndrome.
Are they service connected?
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Lori, Heres to a Job well done and Merry Christmas.
I am not sure about Arizona, But I Know that My home state allows children of 100% Service connected Veterans to attend State Universities tuition free. ALso chapter 35 benefits can be used for the Kids College.
Look at your states website under Veterans Benefits.
Hope the Retro hits the bank before Christmas.
It took mine about 10 days.
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John how right you are, They hit me with that last time i visited. I was even given some medicine to take.
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Pete, could it be that the VA hospitals are getting Veteran Friendly, I sure hope so. Ihave actually had only one bad experience at a VA hospital. The Rest were OK. Some were downright plesant.
I would like to see it carry over to the Regional offices and the claims personnel. But I realize that that may be whishful thinking.
Good luck with the Dentist and Enjoy Mexico.
John
Got Phone Call From Dav.. 100% Finally
in Success Stories
Posted
Kenny IU is as good as 100 percent. Great job.