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Scottish_Knight

Second Class Petty Officers
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About Scottish_Knight

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    E-4 Petty Officer 3rd Class

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    Germany

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  1. New information for (Vietnam) Navy vets. Thought worthy of passing along. Blue Water Navy - Nehmer The Department of Veterans Affairs (VA) announced it will readjudicate claims for Veterans who served in the offshore waters of the Republic of Vietnam during the Vietnam War. This review is part of the Veterans Benefits Administration’s implementation of the November 5, 2020, U.S. District Court of the Northern District of California decision to readjudicate previously denied claims as applied in Nehmer vs. U.S. Department of Veterans Affairs. Veterans who were previ
  2. So many veterans in the House and Senate. They know full well this system is broken and they do FA to fix it. My American uncle was in the Army and retired around 1976 after near on 30 years. Even he knew how broken the VA was... then. If the VA was a building, it would declared dilapidated, demolished and new one build. Stop thanking me for my service and fix the damn VA!
  3. Do you have both of these? 1. evidence of unemployment due to service-connected conditions, employment history records for example, and 2. medical evidence that the veteran’s service-connected condition renders him or her totally disabled and unemployable, generally a doctor’s opinion letter. Because the VA is the VA, it will most like want it's own C&P. Prepare for a fight? One never knows. It will depend on the rater. Since you already have it as SC at 70%, if you do have 1 & 2 above as well and with a C&P, it should be a done deal. But again the VA.... I w
  4. When all else fails, ring the VA... I did...and I used the friendliest customer service voice (the one I use in my shop) I have. The first lass was very friendly and the second was polite. But I am worried..... The mental health / tinnitus / hearing loss claim from February is still open. The tinnitus and hearing loss C&P have not yet happened. So, the VA combined the CUE claim with the earlier claim. When I asked if that was ok as the two claims are significantly different, I was told that the VA sometimes does such. Someone will contact me when questions arise. So the CUE
  5. Well, this is not a good sign. I was taking a wee break at work and looked at my VA profile online. My CUE claim has been closed! I must have done something incorrect. Opened on 6 May, closed on 10 May. I'll ring the VA in about 4 weeks time. 7-10 days does not work outside the US. It usually takes about 3 months for a letter to arrive. Not a grand start to the week.
  6. Can you cut and paste the part in the rating decision to which you are referring? Better would be the entire VA rating decision 'masking' your spouse's ID data. We'll be better able to assist by reading the same thing you're reading. This will also assist in comparing the rating to the rating table. I just did a CUE last week, so I well understand a part of your frustration.
  7. Same words uttered by the DAV to me. When I sent them the new rating decision, which we know is a gold mine, they refused to respond. Egg on face. No one cares more about this than you. Do it on your own, as I have. It's more of a hassle, as you well know, but the end result is 1000% better.
  8. Bucks52, to use your own words against you, ... never give up. pacmanx1 has a great idea. See to your Voc Rehab records. On the matter of time limitations is utter bunk. Aye, the VA states that all the time. We all know too well the 'one year from the date of the rating decision'. If that was locked in stone, than my ability to make a CUE claim 12 years after the fact would not even be possible. Both 38 USC and 38 FAR both make mention to supplemental claims and appeals subsequent to the one year date. So the VA had page and not page two. That alone is going to be an debatable
  9. Buck52, if the C-File contained the first, but not the second page, you obviously sent the application. Take a wee look at 38 U.S. Code § 5102 - Application forms furnished upon request; notice to claimants of incomplete applications. Seems the VA is in violation of this law. If they claim they only had the first page, then they must contact you, which you say they obviously did not do. My gut feeling is the VA fails on this often and veterans don't cite or use it. Consider the US Code are statutes passed by the US Congress. These are laws. The CFR are basically regulations imp
  10. No worries @Buck52. Interesting what you wrote. The CUE is sent.... I can only hope correctly. The website, as earlier explained, was confusing. I rang the VA... never fun, especially as I cannot reach anyone at the 1000 number. I rang the other and had a stunningly friendly woman on the phone. We chatted on the issue I was having and she connected me to someone who partly helped. We were disconnected before all was said and done. Although I filled in a pdf 526EZ, it is now done automatically when one files a new claim. I uploaded everything and his sent. Now begins the great wa
  11. @pacmanx1, back on page 22 you stated you uploaded your CUE claim (526EZ) online. This seems to no longer be allowed or has taken a different route. I'm given these choices: Are you filing a new claim or are you disagreeing with a VA decision on an earlier claim? I’m filing a claim for a new condition or for a condition that’s gotten worse. I’m disagreeing with a VA decision on my claim. Obviously this is not a new claim. When I click on the 'disagree', it states the following: If you disagree with a VA decision on your
  12. I've added your thoughts and comments to the letter, Berta. The paragraph under the initial §4.6 citation, will most like not be taken well. It is what it is. CUE write up.doc
  13. I did get the 40% rating for the Muscle Group XIII last year and 10% for the broken femur. Both of these should have been such in 2009. Thank you again! EDIT: I did searches under the BVA and CVA for similar matters. It was quite helpful.
  14. I re-read the CUE this morning. Didn't care for the way it read, so spent a few hours heavily editing what was written. Will take a break and read it again to ensure it's perfect, but I feel it's much better now. Will submit the CUE claim later today or tomorrow. CUE write up.doc
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