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RBrogen

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Everything posted by RBrogen

  1. They did not respond to each point of contention I made, they just disregarded that, retyped what the original denial said. I quoted the laws in effect, referenced the exact code and stated that they did not take into consideration presumption of sound condition nor probative values of the evidence available at that time, (e.g. doctors reports, airborne training etc) The documentation says I can do HLR, Supplemental and Appeal to Board, same format as all of my other claim decisions.
  2. I don't have an IMO but I am now service connected for the 2 conditions in the CUE (right knee disorder, left knee disorder). The CUE is for an EED.
  3. I wanted to send out an update on my CUE claim. As I suspected from the process and response, I received a denial decision letter today. They denial almost verbatim regurgitated the same statements from the original denial in 1999. It's like the reviewer simply read the original denial, retyped it and said too bad without addressing the issue of probative values and presumption of sound condition. My question is for next step, should I go through the process of Higher Level Review to see what they say before going to the Board of Appeals to exhaust every option before hand. Any thoughts would be greatly appreciated. Best, Randy
  4. Thanks ... not holding out a lot of hope with this first run but we'll see wha the package says when it gets here and then I'll formulate the next move.
  5. Well it doesn't look promising ... the claim status closed out and typically right after that any adjustments are shown in ebenefits (e.g. rate increase, effective date change). I did not see anything change in the effective dates on the conditions so have to wait for the paperwork to see what the deal is.
  6. STATUS IS "PREPARATION FOR NOTIFICATION" ..... FINGERS CROSSED!!!
  7. Yes there is definitely confusion at VA about the requirement, or lack thereof, for a specific form to initiate a CUE. The 21-526 I completed after my certified letter sat for 8 weeks only created confusion and misleading display of data in the record. If you file a 21-526, you only have 2 options new condition or increase to an existing condition. NEITHER are true for a CUE if you are looking for an earlier effective date CUE Claim.
  8. At first I didn't use a form and mailed it in. When I did a followup about 6 weeks later, I was told that it was sitting in the portal because it didn't have a claim form. I created a claim form using e-benefits though ultimately caused more confusion as the claim only allowed me to request an increase not an earlier effective date. After speaking to other VA reps at the RO they all agreed there was no need/requirement for the form. After a couple of calls and and inquiries submitted to the RO, they finally removed the additional claim document and left just the cue.
  9. Quick question to see if anyone knows what happens if you win a CUE relative to back pay. Does the VA automatically calculate any back pay based on individual solder and then you have to send them marriage cert, birth certs/ssns to show when you had your dependents added? I'm just curious ... not getting ahead of myself but IF I am fortunate enough to win my cue, it would mean back pay for 20 years and would also mean that I would have changed from 20% in 1999 to some higher number. That would mean that my wife and children would also come into play starting in 2001 instead of 2019 like it is today. I have all of that data ready but I was curious if they send you a letter first requesting it before back pay is released or if they do the initial backpay at single and you have to make the adjust it. Thanks as always, Randy
  10. UPDATE: Claim has changed to "Pending Decision Approval"
  11. Yes It's actually in multiple areas but for discussion they lower radicular group, mild paralysis is rated at 40% dominant side and 30% non-dominant side.
  12. I also have at least one more claim to get fixed where I am currently rated for Right Upper Radiculopathy 20% and Left Upper Radiculopathy 20% for mild paralysis. During one of my last claims I had 2 C&Ps, both of which included an exam for peripheral nerve issues where they diagnosed moderate paralysis of Lower Radicular Group (left and right) as "Moderate". I figured I would get my cue claim done first and then have them fix this since it will not have any impact on my rating since it is at 100% P&T. This is more to make sure they have properly rated all of my conditions.
  13. lol I'm with you brother .... strap a frick'n Evinrude motor on the back of that puppy, full throttle and beach that bitch!
  14. Correct and understand also that VSOs are "trained" as well to follow a prescribed system and that system is the bulk VA conveyer belt. If you know how to compile the evidence, apply and followup you can manage your own claim without a VSO BUT you MUST research and educate yourself to your claim's specific nuances so that you can present it to the VA properly and in a structure/formate they understand. If you make it easy for them, they can process your claim quickly.
  15. You are you own best advocate. While VSOs can help, you need to spearhead your own destiny. A VSO has numerous things going on and honestly, you, nor the next vet is their highest priority ... they try to deal with their workload as much as possible but inevitably you are the best representative for you.
  16. Yes it is IMPERATIVE that every vet educate themselves fully to the process and the way the VA will most likely view their conditions, ratings and process. Unfortunately there are some vets out there who feel the VA should just give them the rating they want without doing anything but sending in a note. I've heard vets complain about "those who know what to say who get the best ratings". They don't seem to get the fact that the VA is a system with a history of doing the minimal and less to help vets. Every vet must educate themselves to that system if they are to get properly rated. I know I've been on a VA indoctrination course the past year and had I not educated myself I would still be sitting at 20% without any benefits for my family nor a solid retirement. An example is I just responded to a post where a vet was confused about their rating level when all they had to do was follow the rules for bilateral conditions and then follow the rating chart to see why they were rated at what they were. The basics of understanding how things are rated, what conditions rate higher, secondary conditions like scars which can be rated for pain as well as disfigurement could have major impact on an individuals overall rating level.
  17. VA Math: Bilateral Conditions - Right Ankle 10% - Left Ankle 10% 19% + ~10% Bilateral Factor 1.9% = 20.9 Rounded to 21% Single Conditions Rating Table Result - Pes Planus 50% - Migrain 30% 65% (this is 50% Pes Planus +30% Migrain) - Bilaterals Above 20% 72% (This is 65%+20% Bilateral conditions) - Lumbar 20% 77% (This is 72% + 20% Lumbar) - Tinitus 10% 79% (This is 72% + 10% Tinitus) 80% Overall Rating because everything is rounded up or down from 5 (e.g. 71-74 = 70% and 75-79 = 80%) See tables (https://www.benefits.va.gov/compensation/rates-index.asp)
  18. @Vync I have been fortunate as having disengaged from the VA for over 20 years because of a bad experience, I remained at 20% since 1991. I decided to reconnect and filed my first claim in Nov 2018 and after 4 claims wound up at the 100% total and permanent as of April 2019. It is definitely worth fighting the fight.
  19. I hear you brother ... and congrats on winning your CUE! I hope to have convinced them. I believe my case is strong but can't ever tell with the VA!
  20. Thanks for the feedback Dustoff11. I'm pretty familiar with the EBenefits system and process and of the 5 or 6 claims I have done in the past year, I've been able to track the status pretty accurately (both on ebenefits and va.gov). This is also in conjunction with calling the VA and discussing status there. Yes, ultimately all we can do is wait for the actual decision packet to arrive. My fingers/toes and everything else are crossed ... hoping for the best! Happy Holidays!
  21. Happy Holidays Everyone, I wanted to let those of you who are interested know that the cue I filed for change of effective date from March 2018 to October 1999 is now in the "Preparation for Decision" status. I mailed the formal CUE September 17, 2019 and it went to "Preparation for Decision" status today. Now I'll be on pins and needles until I get the decision packet in the mail. I'll keep you all posted! Best,
  22. Hey @Justaskpat, I responded to this with detail but wasn't logged in so I think the moderator has to approve the post.
  23. Yeah I have a CUE in right now for a 1999 decision that would change my 20% to 60% so it is well worth the effort. I haven't investigated CHAMPVA yet but will be doing that as well.
  24. I here ya about making sure things are right. I walked away from the VA for over 25 years and was stuck at a 20% rating. I picked it back up in Nov 2018 and as of April of 2019 went from 20% to 100% P&T. It has a direct impact on my family, my kids college etc and is only right that the VA do the right thing.
  25. Thanks for the details bud ... I think you are right about the VA laziness. On one hand they took the time to go back in my previous decision, call 4 CUEs on themselves, give me EED on conditions that provided a year earlier effective date than the original claim. I knew when I added the "sympathetic claim" element to my HLR that it may not be approved but I wanted to test the waters and see how it would be handled. All of this doesn't have any impact on my overall rating because I'm 100% P&T but I want to make sure every condition is rated properly. I will be filing a supplemental claim on this once I get the decision letter.
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