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rita glenn-copeland

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About rita glenn-copeland

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  1. Brother have been single rated at 100% unemployable since 1980 but has never received housebound. Can someone answer whether or not he should have automatically received housebound (SMC)
  2. I too was told that he could not be awarded anything higher than what he was but, we did. Smc-r2, Not that we want him to be incapacitated at this level but the fact is "he is", and he deserves the award for the sacrifice he made for his country and nothing would ever be enough for his loss or mine and our family.
  3. he was awarded the highest rate of disability claim you can get. The issue is that when they were evaluation him for the smc, the records reflected his loss use of his lower limbs and upper (r) limb but it was upper (r) and (l) along with the other issues qualifying him for the smc-r2. the medical examiner informed the rater of that. Again, the award for the smc-r2 was given using the documentation from the medical examiners report that stated new medical findings found but ro instructed the doctor not to evaluate. I didn't catch that statement until after the award given and back dated to
  4. I will scan the info so you can view it. I am really trying to find where I read that if new medical findings are discovered during a c and p examination it is a part of the condition being evaluated it is to be adjudicated and or put into pending claim
  5. I believe my husband should have been evaluated and awarded smc-r2 in 2013 if the ro had evaluated his condition fully. he was evaluated for smc p and o
  6. The claim was for smc-r2 and it was awarded but smc-r2 condition existed during 2013 examination
  7. The date of the exam was 2013. I submitted the claim in 2015 and was awarded in 2017 retro 2015. I then put in the request for earlier effective date in 2017 denied in 2017; put in cue in 2017 denied march 2018
  8. let me start from the beginning. I put in a claim and was awarded the claim. the effective date was back to the initial claim date but, prior to putting in this claim, I had a copy of the c&p examiners report. The new medical findings the examiner was told not to evaluate were the same findings that I put in for and was awarded. When I realized that, I researched and discovered that the responsibility of the ro was to adjudicate new medical findings found during the exam when it was brought to his/her attention, further I found that he/she should have at least put it in pending.I sent a c
  9. it is pass the year mark. so I thought it could fall under cue as I read somewhere that if during a c&p examination, the examiner cites new medical findings, the rating officer should either put the new condition in pending status or he should adjudicate it. I addressed this before and the response was that it was not a cue but that it was the ro discretion or decision to not address. Clearly that is an admission of error as it is his obligation to adjudicate new findings so I am looking for the CFR that addresses that.
  10. was awarded favorable claim for disability but discovered from the medical examination report 2 years prior to current award, this same issue was brought to the attention of the adjudicator and per the Drs. notation as if to cover himself he wrote "new medical findings found but per the RO, do not address". and therefore the award received now could have been awarded 2 years ago had the RO adjudicated the new findings or either put it in pending. What do you think? How do I go after this as a CUE?
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