Single Status Update
Could you take a look at the last couple of posts I made?
I think I just completely blew it (the CUE) based on all of the wrong assumptions.
Thanks, talked to DAV Rep today, about that and getting exams.
It is my first appeal (DRO process where they have the special pixie dust and fairy wand with the power to correct anything they messed up on since day one when Jesus walked the Earth).
Now it is time to gear up for the BVA, go in loaded for bear.
As for getting the exam and other documents. VA came down on the DAV for printing stuff off, so DAV up and stopped printing any of it off. Got to got through VA for it. VA is getting down right testy (it's BS).
After calming down I realized that all isn't lost on the CUE. In the denial, they made one mistake...
They never rated me, they denied me. Yes that is the diagnosis, but that isn't a rating.
If they had grated me a zero percent rating and I didn't appeal then yes I would have been SOL. But since they denied service connection, it is very arguable then that with the other information which presents reasonable doubt in the ways of rating (how ever that legalese stuff goes) I stand a chance of winning it.
Just have to be VERY CAREFUL on how it is worded for the BVA.
Then there is that other bit of information concerning the letter I had stating they were working on my benefits 3 months after I exited the service. That may be enough to get everything even my knees (which the old C&P exam 20 years as also denied but diagnoses as bilateral knee arthralgia). If that letter is good enough then my effective date goes back to the time of separation and knees get re-figured in (under rules for arthritis if I am not mistaken) at another 10% for pain.
Still a lot to go yet..
But all hope is not lost.
Also plan on getting this claim tagged so that congress gets to pay attention to it, especially with how this new "system" is going to "help" us vets out so much.
They just proved with mine that they are going to do the same thing they have done in the past, just at a quicker pace.
If I can I am going to try and cause a stir with it so we vets can get more help from VSOs. If the VA is going to streamline it then it only stands to reason that we vets and our VSOs need to be able to "our part" in making sure that our claims are right so that the VA can best leverage the new system.
Will it work, probably not, but somebody has to start throwing down the BS card on this sham.