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Sherminater

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Everything posted by Sherminater

  1. As to Question 3 -" Is it a fact that the VA made a clear and unmistakable error with regard to no service connection for MDD?" YOU: If they had the same evidence in their possession and particularly if they listed that evidence on the denied claim, then I would say it is a bonafide CUE- but I do not understand why they did not give you a C & P exam then. ME: I do not have the denial letter available now. I will get that soon and will post. YOU: Obviously they did have your SMRs and the C & P doctor saw the nexus on the VA PC. ME: Yep, the C&P doc found the needed doc with my help in a New York minute. And I believe the VA award letter that denies service connection for MDD will state no evidence considered from the docs I filed in Jan 2014. The VA date stamped each and every page, so the fact that they had them cannot be questioned. The fact that they ignored them seems clear, if there is no reference to any of those docs. It is very clear in several of those docs that my MDD is service connected. It is the reason for me being involuntary separated. YOU: Is it possible they scheduled you for C & P exams and you never got any info on those scheduled appointments? That has happened to vets-but they (VA)would have to state that in the denial ME: it is very possible that they scheduled these and even possible I was notified and ignored them. A systematic response for a bad week or bad month for many with MDD. How would I verify if they did this. They did claim that I did not attend or show up for any of their attempted appointments after I filed my claim. However, I do not recall that being the case. I’d like to verify, but need guidance to do so?
  2. Thank you for your detailed response. One big point and one small request. Small Request... would you tell me about your successful CUEs please? I’d love to learn more, especially since many sites say that it is rare to win even one. Big point (and just for your information)... you referred to the one year time frame with relation to my law firm filing a timely response to my intent to file. Since they filed a Supplemental, albeit within the year, it is not relevant. A Intent to File is to be followed up by filing a claim, not a supplemental to a claim. There is no timeframe which will allow a supplemental to have a effective start date to the Intent to File, only up to 60 days if filed under certain circumstances. FOR YOUR REFERENCE... 38 CFR § 3.155 - How to file a claim. §3.155 The following paragraphs describe the manner and methods in which a claim can be initiated and filed. The provisions of this section are applicable to all claimsgoverned by part 3, with the exception that paragraph (b)of this section, regarding intent to file a claim, does not apply to supplemental claims. AND (i) Supplemental claims. Upon receipt of a communication indicating a belief in entitlement to benefits that is submitted in wiritng or electronically on a supplemental claimform prescribed by the Secretary that is not complete as defined in § 3.160(a) of this section, the Secretary shall notify the claimant and the claimant's representative, if any, of the information necessary to complete the application form prescribed by the Secretary. If VA receives a complete claimwithin 60 days of notice by VA that an incomplete claim was filed, it will be considered filed as of the date of receipt of the incomplete claim (see § 3.2501).( Cross Reference: Effective dates. See § 3.400.
  3. Hello fellow Vets! I recognize it’s a lot to read... It’s my first time making a blog post and I want to be clear and get solid and knowledgable responses from y’all. Thanks in advance!! History... Filed a claim for VA disability benefits April 2013. Hand delivered over 200 documents in support of my claim to the Houston VA office in January 2014 (prior to a decision letter on my claim). Decision letter received in March 2014. Failed to achieve a rating above zero percent on any of the disabilities claimed and no service connection for Major Depressive Disorder(MDD). The documents I filed at the VA were date stamped Jan 8, 2014 and included the only records I had in support of this claim, especially for the MDD. Fast forward... Intent to File submitted in August 1, 2018 (at my attorneys direction). His office then submitted a supplemental (including 16 pages of the very same supporting documents that I submitted to the VA in 2014) on the 364th day. Well, that supplemental got me appointments with two different C&P professionals and resulted in a combined rating of 70% (10% knee and 70% MDD) effective July 30, 2019. The same VA documents filed by me in 2014 and (fewer) mailed with the supplemental were recently reviewed at my C&P exam by the psychologist conducting the interview. He asked for my help to show him any document in my file that made it clear and unmistakable that my MDD was/is service connected. It took all of thirty seconds to search his computer with my VA records on it to locate a document from my psychiatrist and head of psychiatry at my last duty station. These are the very same documents which were in the VA’s possession prior to my initial claim attempted in 2013/2014. Meaning there is NO new or compelling evidence! Question 1 - So why did they schedule (allow) these appointments and the case to be reopened with no new and/or relevant evidence? Question 2 - Why was it right (or was it) for my attorney to file a supplemental (vs. just filing for a new claim)? At least with a new claim I may have been able to receive (the 11 or so months of) backpay from the Intent to File date. It seems the supplemental has NO benefit over just requesting to open a new claim. Or is it not allowed for veterans to file a new claim for any previously claimed ailment(s)? Question 3 - Is it a fact that the VA made a clear and unmistakable error with regard to no service connection for MDD? ... by not reviewing those documents which were right in front of them? And if the documents prove the date they were filed, isn’t it undeniable? And if I am now rated at 70%.... Question 4 - Shouldn’t this be one of those CUE cases that should/could be potentially won for backpay to April 2013? This is the first time they scheduled me for ANY C&P appointments for any reason ever. Yet, this is at least the third attempt at filing a VA disability claim. Question 5 - What makes the VA decide for or against these C&P exam appointments?
  4. What percent did they get? If it’s over 20% you can fight it... and if it’s over 25% I believe you have a good chance! You can definitely have them removed from your case, but I don’t know the process.
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