dawsonatl

Thank you Tbird for everything you and this site has done for me and countless other veterans. I was so lost before I came upon this site. The help I received from various members specifically GeekySquid was a blessing. You guys literally saved my life. Thank you to all from the bottom of my heart. Out.

@Mcbwv do not sweat it. They stated that you have Tinnitus and that it is service connected so you will most likely get the 10% rating. I also have constant ringing in the ears and was easily approved for 10% after an exam by a audiologist at the Va medical center.

I have to respectfully disagree, if I would have followed this advice verbatim I would not have filed my CUE and won it. Even though a decision may be "ripe" for appeal, if an individual feels like an error has been made, it would be wise and logical to file a CUE or as @GeekySquid stated do both, an Appeal and Cue once you have it perfected. Good luck at @kanewnut, crossing my fingers for you.

Very well written CUE and good use of ellipsis pertaining to the regs you felt were violated. I think you have a chance for a positive outcome with this CUE version, but I'd strongly recommend to heed GekkySquid's advice as well.

As Berta stated, is you could post your decision letter that would help out tremendously. The formatting looks great but I think it would help to condense it by using ellipsis's to condense the key points within the regs you think were violated. Keep it simple and lead them straight to the key points you want them to keen in on without them having to read and dig through the verbiage themselves. Also, other than your primary physician, did a examiner at your C&P exam also state that your are incapable of working or maintaining employment? I know in my case that helped out tremendously in my CUE claim as they could not overlook the fact that the benefit of the doubt rule was clearly violated. It seems a lot of times the RO's put more value on the C&P examiner's opinions than they do the vet's primary physician. Good luck though and persevere through the ups and downs of this battle.

Apologies for the late response @GeekySquid, but yes, I was baffled as to not seeing any mention of my CUE as well..I was expecting some type of response regarding the CUE that I had sent. The letter I received and posted was the only clarification to the granting of my TDIU.

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Thanks Buck52..definitely noted.

Attached is my final draft CUE claim that I sent off and was approved. I am still waiting on the approval letter from VA has I am basing my approval off of the backpay I received yesterday from when I initially put in for IU. I will post that letter as well as soon as I received it. Also, I received an interesting voicemail last Thursday. An RO director left a message stating that he wanted to discuss the issue regarding my IU denial and left a number of 1-800-827-1000 to reach him at. 30 minutes later I called the number and after about an half hour of them researching the reason for this call they stated that they have no idea what the reason for the call was but that they see there is activity in my file regarding my IU claim. They said the reason for the call was confidential and that was why the caller may have wanted to directly speak to me. I found that odd and that stayed on my mind up until I found out about my approval yesterday. I never, EVER received a call from an RO director or any type of claims person working directly on my case for that matter. Calling to apologize for such a blatant error maybe? I may never know. Final draft CUE.docx

UPDATE JULY 25, 2019: A little over 3 weeks of sending off my CUE claim I found out today that my claim for 100% TDIU was..APPROVED! A very satisfying and relieving day for me. To all those who provided their insights and input, especially Berta and notably GeekySquid; I can't thank you enough and I appreciate all the advice that you took time out of your day to give.

Geekysquid, I actually have two enclosures. One is the decision letter and the other is a page of the regs I felt were violated. I will go back and clarify how they misused 38 CFR 4.16 more. Again, I really appreciate it.

GeekySquid, Will do, thank you again. I will definitely take heed to your advice and dig into my final draft again and make more corrections.

Good Evening Berta, Thank you for your input and advice. No, the LHI examiner concluded that I am unable to maintain employment and the rater stated that even though I was found to be unable to maintain employment I am denied because I did not meet the scheduler as provided in 38 CFR 4.16. I may have worded something wrong, I will go back and correct some things. Yes, I revoked the lawyer's POA and am filing the CUE without them. An veteran's advocate who I was referred to by a friend suggested the CUE to me after reading through my decision letter, but I had already pretty much intended on going the CUE route beforehand.

After some time sitting and thinking on it, I finally had a good day to get focused and write my final CUE draft. I appreciate everyone's input and a big thanks to GeekySquid for your input. Any other advice and opinions on this final draft before I send it off would be greatly appreciated! Final draft CUE.docx