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RBrogen
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Posts posted by RBrogen
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Just now, vetquest said:
If you have an IMO I would go directly to the BVA. Your chances of a win there are better. Otherwise I would go with an HLR and see what falls out.
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.
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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 -
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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.
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STATUS IS "PREPARATION FOR NOTIFICATION" ..... FINGERS CROSSED!!!
- Vync and ShrekTheTank
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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.
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1 hour ago, Dustoff 11 said:
RBBrogen can you tell me if and what VA form you used to file your CUE claim or did you do it in letter form as I did my CUE in 2000 direct to the VARO. My CUE claim was 6 page letter type single space with of course spaces between paragraphs. Glad to hear of your latest claim status and good luck. Thank you in advanced.
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.
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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 -
UPDATE: Claim has changed to "Pending Decision Approval"
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Just now, Vync said:
It's tricky because you need to know where they define mild/moderate/severe. When I got mine, it was in M21-1, not in the rating criteria. The problem with M21-1 is it changes frequently. Not certain you can just look up old versions like you can check changes in 38 CFR in the Federal Register.
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.
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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.
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2 minutes ago, shrekthetank1 said:
I love it when they say don't rock the boat! I tell them how will I get anything done if I don't rock the boat? I am not happy with what I was given or covered for, because this is not what actually happened or was said too them.
I say rip that mast right off the boat!
lol I'm with you brother .... strap a frick'n Evinrude motor on the back of that puppy, full throttle and beach that bitch!
- Vync and ShrekTheTank
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2 minutes ago, GBArmy said:
Vync we must have ate the same oatmeal this morning; again I couldn't agree more. One thing still gets me though. The VSO's still say "don't rock the boat." 9 times out of 10 (probably more) that is just flat out wrong. To me, when they say that it either means one of two things: they are lazy and don't want the extra work. Or two, lack of understanding or training. They just don't know about SMC's, etc. I tell everyone that if you want to use VSO, and they are useful, make sure you really check them out before selecting one.
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.
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1 minute ago, Vync said:
@RBrogen Indeed! A lot of it ties back to being in the military and trusting administrative teams know their trade. We leave the service believing that the VSO's have us covered. Later on, I did have an excellent VSO, but she retired. Her replacement was decent, but missed some things. Eventually, I got to the point that I would do my own research and then take my final draft by the VSO for review.
After my heart attack earlier this year, I filed two new claims through my local VSO. My head wasn't clear at all. In both cases, they were denied. I should have just did an intent to file and waited until I was a bit more clear-headed. I'm pretty certain I can win both by filing supplemental review requests, but want to ensure everything is airtight.
This part got me laughing. I feel it is more about knowing how to approach and follow up.
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.
- ShrekTheTank and Vync
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13 minutes ago, GBArmy said:
Vync I agree with you 100%. I believe many here agree and have experienced the same. The VA denies or at the very least low balls us and just ignores the evidence. It makes you do two things; either roll over, or, get you so mad you try even harder to right the wrong by go after everything you have coming to you. And we educate ourselves and just go out and try again. And again if need be.
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.
- Vync and ShrekTheTank
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On 11/14/2019 at 4:44 PM, 70%&sfsystem said:
OK everyone thanks for all the advice I need your help I called VSO complained about length of time on Wednesday of this week today I checked my E benefits and my ratings are in for my ankles that they were denying me 10% for each bilateral which makes 21% I was originally 80% now they’re still saying I’m 80%
I’m 50% pes planus 30% migraine headaches 20% lumbar 10% tinnitus and now bilateral 21% so 10% left and right ankle Can someone else please do the math because I come up with 86% which makes me 90 what am I missing please help and thank you
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)
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54 minutes ago, Vync said:
@Dustoff 11 It looks like @RBrogen's claims are being processed by employees who do a better job at keeping the status current. I have a couple of CUE's in the hopper now and va.gov is running about two days behind the actual status. However, I did have to submit an IRIS to nudge them when mine sat for a week with no update. Compared to when I had a bunch of claims in the system years ago, I do believe they are handling them better than they used to.
@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.
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7 minutes ago, Dustoff 11 said:
In the year 2005 I won a CUE appeal I filed myself with the U.S. CAVC court and on my No. 2 contention the court agreed that the 1985 to 87 VARO decisions contained CUE by not adjudicating my PTSD claims as also inferred TDIU claims and the court remanded this No. 2 contention back to BVA for adjudication of this claim.
It was a long hard grind as I filed the CUE claim in 2000 and it was denied by BVA on appeal in 2003. In spite of what some SOBs on another forum tells vets CUE errors and CUE claims are indeed common and many times vets win these claims thru remands or grants from BVA and the courts.
These other pukes will tell us that these CUE errors were not CUE but other type of errors, Blah, Blah, Blah. These former lifer VA raters and VA DROs never admit that the VA raters make serious mistakes but 1000s of public BVA and courts decisions tells us this is not true. For over 30 years VA raters make the same minor and major mistakes over and over again. This is not accidental. Good luck to you.
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!
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1 minute ago, Dustoff 11 said:
Thanks for the info. Just to let you know in case you are unaware and that is Ebenefits is not always accurate or reliable info and by this I mean 1. I received in the mail my hardcopy decision long before Ebenefits showed my decision as completed on their website. 2. Very often your claim will bounce back and forth from one category to another such as from Preparation for decision back to evidence gathering and then back again to PFD and on and on it goes. Like you and many others I have been thru this merry go round on more than one occasion.
All we can do is wait for the actual hard copy of decision in the mail. You could call IRIS (peggy) at the 1 800 327 1000 (????) help line and maybe they can clarify your claim status (present) for you. I have had good luck with them but the phone wait was a long time before talking to peggy or henry.
Just think of the VA as your friendly IRS auditor.
Above info is not legal advice as I am not an attorney, paralegal, Or VSO but a 30 plus year vet filing my own claims and appeals.
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!
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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,
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18 hours ago, Justaskpat said:
I look at other CUEs, especially the one done by @RBrogen pointed out to me by @GeekySquid, for guidance in how to prepare my CUEs.
The problem with my 2 most important CUEs (not yet submitted to the VA) is a weird problem. In both, the GERD/IBS one posted here, and the Anxiety one (not yet posted here) is that the Decision contradicts itself and also contradicts the C&P report, not to mention ignoring evidence in my STRs.
In this GERD/IBS CUE, I pointed to these discrepancies as clearly as possible, but it still seems a bit confusing when I read through it.
@RBrogen if you have time to take a peek at my CUE, any comments would might have would be greatly appreciated as well.
I haven't seen any other CUEs where the decision contradicts itself and contradicts the C&P as well. @GeekySquid had mentioned something to me about when the Rater substitutes his own opinion for that of the Examiner's it's a no-no, but never went got back to explain what he was thinking and I haven't heard from him for over a month now. Has anyone heard from him? I hope he is OK.
@Berta I don't know if you've had the time to take a second glance at my CUE yet? Would you happen to know what @GeekySquid may have been referring to? Thanks everyone.
Hey @Justaskpat, I responded to this with detail but wasn't logged in so I think the moderator has to approve the post.
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1 minute ago, Vync said:
My initial rating was 40% from 1995 to about 2008 when I discovered Hadit. If one or both of my CUEs are approved, the initial rating for those years should go up to 50% or 60%.
100% P&T is really worth it. My wife went to college and used it. My daughter is currently in college using it. CHAMPVA is a huge benefit for them too. Knowing that when I am not longer able to work, I don't have to rely solely on social security and my retirement.
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.
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5 minutes ago, Vync said:
On your prior claim, you might have got an agent who knew what they were doing. This time you might have got gomer pyle. Sympathetic reading might not have anything to do with it. That's why I had a strange suspicion they will come back and tell you to come out and ask for it.
You and I are in the same boat. After the heart attack, I decided to get up and go back to correct the wrongs. This way when I am gone, I can rest peacefully knowing that I did not let the VA get one over on me. It's about principle. Additionally, the increased ratings can help with the potential for SMC if/when things start going downhill.
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.
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4 minutes ago, Vync said:
Because the worsening was noted two months ago, you are well within the 12 month window and could file for an increase. If it was SC bilaterally, the increase would contain a nice boost.
Here are some other things to consider.
On one hand, the VA has the duty to maximize your benefits, but on the other hand, they want to do as little as possible. If they really cared about protecting the interests of the Government, they would get claims right the first time because the appeals process wastes everyone's time and money.
As info, that's the regulation governing increases.
You are stuck in the famous grey area blended into the VA red tape. I speculate they come back saying you never specifically requested the increase, but can file one via supplemental claim. The HLR is supposed to only use evidence present in your records, nothing new. Proof you qualified for an increase is in there. They should have took it seriously.
I had something interesting happen earlier this year when I filed a claim for heart attack secondary to long term NSAID use. During the C&P, the first question the doc asked was which med I thought might have contributed to the heart attack. I said I am not a doctor, but asked for them to explore all medications used to treat SC disabilities within the past year, including some migraine meds I took. The doc nodded. Claim got denied and no mention anywhere about other meds. Had another C&P for something else a couple of months later with the same doc. I brought up the fact that despite me asking them to consider other meds, it did not happen and was not noted. The doc told me that they must focus specifically on exactly what the VARO tells them to check, not what I bring up.
I then thought about this and will be appealing the denial:
I think it comes down to VA laziness for both of us.
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.
CUE Update
in CUE Clear and Unmistakable Error
Posted · Edited by RBrogen
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.