Ron II

In cases where medical evidence in the c-file was apparently overlooked or disregarded (with regard to a rating that would have been higher if taken into consideration) grounds for Clear and Unmistakable Error (CUE) action? I am confused about the grounds for CUE--must the evidence be new/previously not submitted?

I was surprised to read and learn that " I dont know what RO you are at but the Buffalo VARO does not read NODs until a year has passed upon their receipt." (quotation by Berta) How do they justify just sitting on a NOD for that long? Manitou Sprgs

This year, my doctor provided me a "note" describing my Diabetes II which was recently approved at 20% due to Agent Orange exposure. I refer to his comments as a note since he just pulled out his prescription pad (about 3"x4") and joted down the information I told him I needed to support my claim (i.e., diagnois, meds prescribed, date of onset, etc.). It was somewhat like a Sgt. Joe Friday moment on Dragnet, "Just the facts sir; just the facts." It worked.

Thanks to all for the helpful comments. BTW, during my examination interview I was NOT questioned about fatigue, tiredness, activities, etc. At first, I was pleased as punch at the 10% rating since it had been denied once before. However, once I saw the "greater than 7 METs" basis for the rating I decided to file a NOD.

The 6.2 METs was the result of a stress test done by a private physician in Houston in Dec 2003 (I'm covered by TRICARE as I retired from the Army after 23 yrs). The results of that test are in my c-file. I don't know how in the heck they said I had METs greater than 7 since the VA never gave me a stress test--I was examined and interviewed by a VA doctor. I guess he had ESP.

Yes, you can obtain a copy of your c-file by writing your regional office of the VA. I was advised to NOT request a copy while my claim was active as the process might be delayed due to the file being "pulled." for copying. More experienced people at this site might advise you otherwise. Good luck@

Re: Sick Sinus Syndrome with Sinus Bradycardia, Status Post Pacemaker I changed my mind about not appealing one portion of my claim. I was pleased that the VA approved the disability shown above; but upon reading the text of the Rating Decision, I discovered that I had overlooked the fact that the VA rated my METs (One MET (metabolic equivalent) is the energy cost of standing quietly at rest and represents an oxygen uptake of 3.5 milliliters per kilogram of body weight per minute) at greater than 7. The most recent treadmill test,from three years ago, shows my METs as 6.2. The difference between great than 7 and less than 7 is 20 rating points (10% vs. 30%). Soooo...does anyone here have experience with type situation? Should I pay for my own stress test? Thank you.

1. What I did wrong: Did not educate myself regarding the applicable guidelines, laws, and regulations that the VA would use in evaluating my claim. Did not reply in a timely manner to requests for information from the VA. Did not (initially) seek expertise of American Legion or other service organization AND Hadit.com. Did not idiot-proof my documentation for submittal to VA. 2, What I did right: Did follow-up telephonically with various physicans from whom I requested supporting medical evidence, even though the VA was requesting the information on my behalf. This procedure involved three different cities and approximately eight different doctors. It took four calls to get the information from one of them... Did (eventually) get a third party involved with my claim. Did join Hadit.com and educated myself in the processing procedures. Did begin to immediately submit documents upon receipt of requests from the VA. Did keep a copy of everything submitted. 3. I was rated at 40-percent, which in retrospect and considering the evidence I could provide, is a fair rating.

Ref: "But it will take medical evidence and a strong doctors's statement to suggest that your asthma has caused the sleep apnea." I've decided to not pursue this; thanks for the input.

I was told my claim was forwarded for rating on or about 31 July 2007.The claim was rated within the next 13 days (per "800" number).My case might be an anomaly since the 30th of August marks the anniversary date of submittal.I was told my claim was forwarded for rating on or about 31 July 2007.The claim was rated within the next 13 days (per "800" number).My case might be an anomaly since the 30th of August marks the anniversary date of submittal.

I developed sleep apnea several years after I retired from the Army. I now use a CPAP and I think my level/volume on the CPAP is 18, which is fairly high. I have a claim pending for SC asthma (it has been rated, but I have not been officially notified of the results). Question: Is sleep apnea an asthma-related (i.e. secondary) disability? My asthma presented itself during my military career (documented), continued during the first 12 months of my retirement (documented) and continues to this day (documented). I should add that I have "grown" substantially since 1991 and I understand obesity is the primary cause of sleep apnea. Even I find it hard to believe I was once a marathon runner...

I would vote for Colorado; the Denver VA has provided excellent service to the veterans I know. I live approximately 60 miles from Denver in a small mountain town. The state of Colorado provides several veteran benefits. Housing Benefits Financial Assistance Benefits Employment Benefits Education Benefits Other State Veteran Benefits State Veterans' Home Admission preference is given to Veterans, spouses, widows and mothers at State Veterans Center, Homelake, CO. With 40 operating beds in the domiciliary unit and 60 beds in nursing care service. http://www.dmva.state.co.us/pages/5/data/0...46DE3260AF7.doc State Veterans Nursing Home The Colorado State Veterans Nursing Home at Florence, CO with a bed capacity of 120 beds. Colorado State Veterans Nursing Home at Rifle, CO with a capacity of 100 beds. Colorado State Veterans Nursing Home at Walsenburg with a capacity of 120 beds. We have a new State Veterans Home. It is the Fitzimons State Veterans Home, located in Denver, CO. It has a capacity of 180 beds. Colorado State Tax Advantage SCR06-001 has passed and will be on the November ballot. It provides a Property Tax Exemption for 100% SC disabled veterans. Retired Military Pay: Members of the Armed Forces can exclude up to $20,000 in any one taxable year from their retirement pay. Eligibility: U.S. Armed Forces Retiree. Military Disability Retired Pay: Disability Portion - Length of Service Pay; Member on September 24, 1975 - No tax; Not Member on September 24, 1975 - Taxed, unless combat incurred. Retired Pay - Based solely on disability: Member on September 24, 1975 - No tax; Not Member on September 24, 1975 - Taxed, unless all pay based on disability and disability resulted from armed conflict, extra-hazardous service, simulated war, or an instrumentality of war. VA Disability Dependency and Indemnity Compensation: Not subject to federal or state taxes. Motor Vehicle Tax: No fee shall be charged to certain disabled Veterans or Ex-POWs who have established their right to benefits under public laws. Applies to subsequent vehicles, but only one at a time. http://www.dmva.state.co.us/pages/5/data/0...46DE3260AF7.doc Burial Allowance County allowance of up to $50 for burial and up to $50 for setting markers for pauper Veterans. http://www.dmva.state.co.us/pages/5/data/0...46DE3260AF7.doc Employment Assistance State Active Duty employee receives 15 days of paid military leave per year. Eligibility: Colorado National Guard http://www.dmva.state.co.us/pages/5/data/0...46DE3260AF7.doc Employment Preference Disabled Veterans shall have 10 points added to their grades and non-disabled Veterans shall be credited with an additional 5 points for "state employment". For city and county governments that have a "Merit System" in place. http://www.dmva.state.co.us/pages/5/data/0...46DE3260AF7.doc Tuition Assistance Any member of the Colorado National Guard is eligible for state tuition assistance, up to 100% tuition paid at any CO state-funded school depending on funding available. State funding can be used in conjunction with Federal Tuition Assistance. Deadline for Spring Semester is Dec. 1. Deadline for Fall Semester is July 1. Summer deadline is May 1 (if funding is available). Eligibility: Colorado National Guard member must serve 2 years for each year granted.

Good points! Thank you...

There are many members better qualified to answer your question since I have been onboard for less than a month, BUT I will offer this. I read in one of the VA publications that awards over a certain amount (possibly $26K ?) require an additional authorization by a higher level official. I'm sure there might be other legitimate reasons for the delay you cited. I'm confident someone with a higher level of expertise will provide a better answer. Good luck!

Thanks to all for your important comments. After my initial post I called the VA again to see if I could get a breakout of the percentages per disability. I was advised that the first VA representative shouldn't have provided the overall percentage since the DAV had not signed off on it and it had not been "officially approved." Anyway, I am happy to have received advance notice. I appreciate the advise that was appended to my post--as I mentioned in another post, I wish I had found this site when I first started; your expertise is invaluable...

I called the VA toll-free number today and learned that I had been rated at 40-percent disabled. I've yet to learn to breakout since I had multiple disabilities involved and I suspect I had a total of 50-percent that was decreased by the VA method of combining rating percentages. I thought I would provide the timelines for my claims(s) at the Denver Regional Office: 1. 30 Aug 06: Filed claim electronically via the Internet 2. Sep 06 - Jan 07: Did not file any papers whatsoever 3. 22 Feb 07: Asked the DAV to assist me in filing forms, etc. 4. Mar 06 - Jun 07: Gathered medical evidence & responded to VA's requests for additional information 5. ~30 Jul 07: C-File forwarded to rating board 6. 13 Aug 07: Rating revealed telephonically Basically, I caused a six-month delay--the VA completed their work upon receipt of my evidence and within six months after I got off my butt. I'm pleased with the service I received at the Denver Regional Office (although I won't net any cash since I am an Army retiree with 23 years service--I won't claim Combat Related since my time in Viet Nam was spent indoors--finance & accounting).

REPLY: As a native-born Texan, I can honestly say this is heaven after growing up in Houston and Midland. Cripple Creek-- Weather for Cripple Creek, COAdd to my Google homepage83°F Mostly Cloudy Wind: N at 0 mph Humidity: 31% Thu 71°F | 51°F Fri 69°F | 45°F Sat 69°F | 49°F Sun 68°F | 49°F

Hello from beautiful Colorado! I was advised today via telephone that my disability claim had been forwarded to the rating board on July 31, 2007. Assuming the required exams and documents are intact, what are the timelines with regard to decision, notification to me, and payment of benefits (probably unlikely in my case since I would need a combined rating of 50% or more due to retirement after 23 years service). I wish I had found this site before I started with my claim. You all provide a great service... Thank you.