Dave1433

I have read all the recent cases HADIT pointed me to on CUE issues like Moody, Robinson, and Richardson and searched all the topics but I cannot find a topic on point with my issue. My service rep and I did not specifically file formal claims for my left arm and left leg injuries (due to multiple sclerosis) in 2003 when I filed my initial claim for blindness in one eye (due to MS) and cognative problems (also due to MS). In 2004 I attended a C&P for my multiple sclerosis and the 10 page C&P report had medical jargon buried in it that appears to indicate that my MS was causing some problems with my left arm and left leg back in 2004. The exact medical wording the C&P neurologist used: "he has Babinski in the left" (which I see now after searching the internet means I have a reflex in my left leg that indicates nerve damage) and "left DTRs are hyperactive +2 to 3" (which I now know means I have nerve damage in my left arm). In July 2007 I filed formal claims for the left arm and left leg injuries and was awarded 30% for my arm and 20% for my leg effective July 2007. My service rep and I did not appeal the effective date of this 2008 decison on my left arm and left leg injury so it is final. I was wondering why the VA did not sympathetically develop the entire range of my available claims back in 2004 to include my left leg and left arm injuries. Do I have a good chance at getting the effective date of these two injuries back to 2004 using CUE?

Thanks guys and gals. I filed my service connected claim in 2003 and in 2013 the VA determined that I was 100% disabled from 2007. 90% from 2003 to 2007. I did submit my old dental bills to the local fee basis office a few weeks ago and they returned the bills with a letter stating "must be preauthorized to get payment made". I also got a call from a woman who claimed she was the "leader" at the fee basis office and she had never heard of a vet getting back money they spent on dental while their claim (which is finally granted at 100% was being determined). I guess I will appeal this to the fee basis office and see where it goes. thanks to all

Could not find any posts on this but will the VA pay for the private dental work I had done during the 10 years the VA took to rate my claim at 100%. I filed my claim in November 2003 and I just got my 100% a couple months ago. During that 10 years it took them to finish my rating I spent thousands of dollars getting my dental work done at a private dentist.

I do not think there was ever a "supplemental" SOC to the first SOC after I filed the Form 9 just a new SOC to the three issues of fatigue, ulcer and increased rating for right side disabilities. After that new SOC came in my VSO said there was no need for a new Form 9 since the 3 issues were in the first form 9. I will need to get back to you on if there was ever in fact a supplemental SOC filed as soon as I get a call back from my VSO and can get into the VSO's office to see my file. I know I should have saved all documents on my own but my VSO told me that he had everything so there was no need.

Sorry that my first post caused some members to leave Hadit and that my first topic was closed but I really need help from some senior members of HADIT. Although I do not post much, I have been a member of HADIT since way prior to the new Hadit website in 2003. In 2003 I filed my claims for Multiple Sclerosis. After the VA decision which missed my fatigue, ulcer and under rated right side disabilities, I filed a NOD telling the VA they missed my fatigue due to MS (causing me to only be able to work 25% of my time which is a 60% disability, ulcer due to meds 10%, and that my right side diabilities should be increased in rating from 20% and 10% to 40% and 20% respectively). The VA filed a SOC in 2006 leaving out all of these 3 new issues but granting me 70% for other MS issues it rated. (these other MS issues including blind in one eye are now rated at 90%). My VSO filed a form 9 later in 2006 with my appeal and all issues including fatigue, ulcer and increased right side disabilities were included. Later in 2006 the VA sent me to C&Ps for my fatigue, ulcer and increased rating for right side disabilities. The VA issued its decision and denied my fatigue, ulcer, and increaded right side disabilities (for BS reasons since all is well documented by VA doctors-they just did not read!!!). I filed a NOD for the denial of the 3 new issues, they VA filed a SOC and then that was it. My VSO said we did not have to file a new Form 9 because the issues of fatigue, ulcer and increased right side disabilities were already in the appeal to the 2003 decision. I even questioned him on it and he said "I have over 26 years experience in this and I know for a fact nothing else needs to be done." However, the recent BVA opinion I have says that the issues of fatigue, ulcer and right side increase are not in the appeal because there is an issue of untimeliness that must be adjudicated agian at the RO. It appears that under M21-1MR Chapter 5, Section E Section 24 (which was changed on Aug 19, 2005) "Handling New Issues Raised on a Substantive Appeal" say that there should have been a second Form 9 sent in for me to perfect my appeal for fatigue, ulcer and right side disabilities. My VSO will not call me back after 3 calls regarding this issue. I fear he is ignoring me because he messed up. I am advanced on the docket due to financial reasons, ready to move my kids into a shelter since the landlord is taking back his place and I cannot even get my VSO to call back and let me know if I am missing something here. Because these 3 issues would push my cuurent 90% rating into a 100% from 2003 it means well over $75K which will help payoff my debts for my kids owed health bills and back rent payments etc ect. I also pay over 15K a year (which I have to borrow) so I have insurance for my kids. I am covered under the VA but I cannot leave them uninsured.

Regardless of what I donate, (as I have never held myself out as a "dues paying member" and will never fill out an application) the simple fact is that service organizations are just a business like everything else. Some organizations take as much as 95% percent of the donations they get from the public to pay employees, fund conferences, and give other benefits to their workers and the other 5% goes to vets. Non-profit does not mean that the top employess in the organizations cannot take big bonuses and big paychecks. It is just a business. Now, as a worker (only 25% of my pre-disability) I still also pay federal taxes which in part goes to the service organizations for office space so they can pay their employees more. All vets who ever paid federal taxes can therefore say they "paid" the service organizations in one way or another. Holding themselves out as "experts" in the field of representing vets makes them accountable for their actions. Any vet who has ever been wronged thus has the right to sue and be compensated. I am not being disingenuous -just practical.

Not sure what you mean by member but I do and have donated hundreds of dollars to this organization in the past. As far as whether one should sue or not if it is a free service -- I think it really doesn't matter if its a service organization (holding itself out as an expert in the field) doing it for free or a lawyer that you pay for the service --malpractice is malpractice. If the organization representing vets screws up for a vet maybe its time that service organization stops taking public donations and gets out of the business. What if all the service organizations that ask the public for donations so they can rep vets just take the money and then not train their representatives correctly and/or not care at all about properly representing vets. Sounds like that is morally unjust or moreover criminally a fraud. I don't really care if the service was free --if they screwed up they will be sued and if I win -- maybe they will represent the next poor vet a little harder. If I just turned the other way and said -"oh well it was a free service anyway" my next fellow vet who asks for help next will get screwed.

I spoke to a neighbor attorney (no VA experience) and he at least agrees in principle with LarryJ that my claim is not yet "ripe" to file an action. I need to wait until the VA makes a final decision on the issue before my time period (statute of limitation to sue) starts to run. All being said the VA might find in my favor anyway so I have no damages at all to seek restitution. This just adds more time to my already 6 year claim and my spending 15K out of pocket each year for my kids health insurance. If I lose my appeal I will not only seek the lost back pay but my yearly outlay for my kids health insurance.

Does anyone have the name of the vet or better yet attorney who won this type of claim in the past as I would like to retain him for my case. I find that most attorneys have no experience at all in this area and I really do not want to pay an attorney to learn the VA ropes on my dollar if you know what I mean. If anyone knows of attorneys in the Western PA area with experience in VA claims that would help too. thanks

In short, I filed a NOD to a 2003 claim stating that the VA failed to consider my MS related fatigue, ulcer to meds and to increase my right sided upper and lower weakness claims from 20 and 10 percent to 40 and 20 percent. They filed a SOC and I appealed. Then in 2006 the VA finally looked at my fatigue and ulcer claims, denied them and denied the increaded rating for right side also. I filed a NOD and they issued a SOC. After that, my service organization told me not to file anything else because the claims related back to the 2003 claim. Rep said he had over 26 years experience and knew for a fact I needed to do nothing else. Now the BVA is saying there are timeliness issues with my fatigue, ulcer and right side weakness increase claims that I raised in my Sept 2009 BVA hearing as such : "The Veteran is also raising the issue of timeliness of his appeal of a 2006 rating decision with respect to its denial of his service connected fatigue and initial evaluations for ulcer and right side disabilities. In the alternative, he is also seeking an increased rating for ulcer, right side disabilities and to reopen the previously denied claim for fatigue. As these issues have not been adjudicated, they are referred to the RO for appropriate action." As such, it appears that the claims I thought I had dating back to 2003 (which would increase my current 90% rating to 100%) may not even be in play until the Sept 2009 BVA hearing when I raised them orally. As such I could be out over 75K in back pay due to my service organization telling me not to appeal the 2006 decision. There is no doubt I am due the claims as I can only work @ 25% of my prior to disability time due to fatigue and all the VA doctors agree in writing.

I wanted to know if anyone ever tried to sue their service organization for gross errors in handling their claims. For example, if the service representative in charge (ie DVA, PVA, Am Leg.) failed to file paperwork perfecting a claim for benefits that the VA should have granted, is the service organization open to lawsuits for the gross neglegence of that employee's failings caused the vet to lose @ 75K in back benefits?

It was for financial hardship. thanks for the estimate

The BVA already granted my application to advance it on the docket while I was at the BVA hearing. Does that mean it goes to the front of the pile but behind the other claims that have already been granted an advance on the docket? I know it may only be speculation but has anyone else heard how long claims take at the BVA once there is an advance on the docket?

I wondered if anyone has experience on how long it takes for the BVA to make a decision once a hearing is completed and the vet is granted his motion for an advance on the docket due to hardship? My initial claim is 6 years old and I just had my BVA hearing 2 weeks ago.