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About Justaskpat

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    E-3 Seaman

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  • Military Rank
    CWO4, Retired, 30 years

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  • Service Connected Disability

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  1. Can't thank you enough for sending me the link to that BVA case. Although I realize every case is different, it certainly appears I might just have a chance at that highest rating. I am almost finished writing the revision of the CUE. I'll post it by tomorrow, hopefully. thanks again
  2. Thanks for all the great advice! and for taking the time.
  3. Hi and thanks. When I read this part of the law when I was researching before I started, it sounded to me as if the two codes 7319 & 7346 could not be combined. "will not be combined with each other". I guess I have it completely backwards. Thanks for pointing this out. I will delve into the link you provided. As for "what I want to hear" - there is no what I "want" to hear. I'm here to learn and open to everything, good bad and in between. Thanks so much for taking the time.
  4. sorry, I was not asking you to write anything for me, I simply didn't see that paragraph of law as a paragraph I had written. It just didn't register. @Berta had given me a template and in it she included that paragraph. I simply used the template to get started. Thank you for all your suggestions and the information you provided. I did not take offense at anything you said. Again, I don't know where you got the idea I was trying to get you to write my CUE, because that was the farthest thing from my mind when I responded to your comment.
  5. GeekySquid, could you please point to where this would apply in the IBS CUE? It's is the shortest CUE I've written and I don't see where I've quoted a paragraph in it. I'm also confused about how to point out where they messed up without it sounding like I'm saying they messed up. For instance, when the examiner lumped IBS with GERD under one code and one exam, each should have been separate because there are 2 separate codes. How could I say that in a manner that does not sound like I'm saying they did it wrong? The initial template I was using came from Berta's reply to my MDD CUE, quite awhile back. I have TBI, so I'm having some memory and concentration issues. My wife has helped me with putting this all together. I wanted you to know that in case I sound confused at any point, it's not because I'm not paying attention. I made a list of evidence that will preceed the evidence itself in the final package. I did not realize I should refer to each piece of evidence in the body of the CUE as "Exhibit ABC" etc, I thought I could say "see evidence", but I can see how that may sound confusing, although I did put the evidence in the order it appears in the CUE. I kind of feel like I've done all my CUEs completely incorrect and have to start over... Berta made it sound much simpler than Rbrogen's. She said to keep it short and sweet. I am going to remove all the "person comment" type comments from the other CUEs, especially the MDD where I've already removed it, just haven't posted the new version. Is this as clear as mud? I guess the first several sentences are my questions and the rest is general information. thanks
  6. Thanks for the advice. I used a template for the 3, so they all have similar issues. I'll work on it.
  7. The mention of "rating should be 70%" in the 2011 CUE is referring only to the 2011 decision. It sounds like it confuses things so I probably shouldn't have put it in. The request for increased rate of 70% for the 2019 decision will be in a separate document on a different form, uploaded separately. From what I understand, I have to use 2 completely different forms because the rules for disagreeing with a decision changed in Feb 2019.
  8. Appreciated your comments Berta. does this mean that in the CUE, I should not point specifically to the problem, but instead just say there was an error / violation, etc, and then either let them find it or could I attach the specifics as "evidence" along with the SMRs?
  9. In 2011 I was denied SC for IBS. There is evidence in my SMRs of chronic IBS that began during my military service. The C&P report also stated I had IBS. I would appreciate all comments and suggestions regarding my CUE before I submit it. For the sake of clarity, I'm also attaching that shows links to support my statement that there is no medical test or objective evidence that can confirm IBS. Thank you. CUE IBS 2011.pdf Errors + Confusion in Examiners Report 7-31-2010.pdf
  10. In 2011 I was denied SC for MDD. In 2019 I was approved SC for MDD. I've done a "request for decision review" for the 2019 to ask the % be raised from 50% to 70% and I've done a CUE on the 2011 denial. I'm attaching those 2 documents along with a page of evidence (my notes) regarding the 2011 C&P. Please tell me what you think, if I need to add, delete edit anything. All comments will be greatly appreciated.2011 CUE MDD NOTES RE CP EXAM EVIDENCE.pdf2011 CUE MDD NOTES RE CP EXAM EVIDENCE.pdf CUE Major Depressive Disorder 2011.pdf NOD Major Depressive Disorder 2019.pdf
  11. and in 2019 they're still giving the same poor advice. exactly what my vet rep told me earlier this year. it's almost an intimidation tactic. like shut up and be happy you got what you got. saw a different rep and he's all for whatever I want to do. like night and day.
  12. so it was accepted using the 958 form? I have some CUEs ready to go on my 2011 decision and I thought I read somewhere to use the 958 form vs the 526EZ, but I can't find where I read it now. I was all set to use the 958, then saw a post that got me confused again. then saw your post where it said "if decided within the last year" to use 958, which my 2011 decision definitely was not in the last year...
  13. Hello Berta. Sometime in the next week or so I want to upload my CUEs pertaining to my 2011 decision. (thanks for your help) I thought I had to use a form 958 because I could swear I read 526EZ is obsolete and to use 958. But I haven't been able to find where I read it. I happened to see this post and that you submit your CUEs in a letter with no form. and then the above comment that 526 is for everything including CUEs. I'm wondering, I need to use a form at all? or should I go ahead and use 526EZ? I'm still searching for where I read 526EZ is obsolete. thanks
  14. CUE Major Depressive Disorder 2011.pdf NOD GERD 2019.pdf CUE GERD 2011.pdf CUE IBS 2011.pdf CUE TMJ 2011.pdf CUE Left Hand Fracture Residuals 2011.pdf CUE Restless Leg Syndrome Left Leg 2011.pdf CUE Restless Leg Syndrome Right Leg 2011.pdf NOD Major Depressive Disorder 2019.pdf I have prepared 2 NODs (now called "Request for Decision Review") and 7 CUEs. I would appreciate any and all comments/suggestions before I submit them to the VA. The NOD MDD goes with the CUE MDD and the NOD GERD goes with the CUE GERD. Hope this isn't too confusing. Thanks for taking the time! Addendum: In addition to the above claims, I am enclosing with the package a page of "details" in the evidence section. For instance, with the 2011 CUE for Major Depressive Disorder, I'm enclosing a list of the 5 or 6 times I went to EAP for counseling and when I had specific suicidal thoughts. (see 2011 CUE MDD NOTES RE CP EXAM EVIDENCE upload) in the evidence section of the CUE. I tried to get records from VA, EAP, from the various contractors directly and was told counseling records are not retained, not even a listing of the dates I attended was available. Addendum 2: I am removing the sentence re incompetence from CUE MDD 2011. 2011 CUE MDD NOTES RE CP EXAM EVIDENCE.pdf
  15. Hi Berta. I know you are very busy, but just wanted to tell you I have completed my 2 NODs (now called "Request for Decision Review") and the CUEs. I'm going to upload them on the CUE forum, in case you might get a chance to take a look. Thanks for all your help. I couldn't have gotten started without your input.
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