Rivet62

Yes. My impression is that VA decides by process according to regulation (law) by what is put in front of them to do, but the judges interpret the law.

I swear by bone broth. Not just any old bone broth, but from an organic dairy farm is where I get the bones. It must be fresh cut bones from a real pasture fed dairy cow farm all organic because butchers often get sides of beef shipped in then they make their cuts from that. It has little to no positive effect for me. And the packaged stuff sold in stores is no good. But just half a cup of bone broth from the bones of my local organic dairy farm practically eliminates all my arthritis pain for days. You can drink it straight or simply use it in a recipe. It's amazing. I have persistent arthritic pain on a level of 7 or 8 on a scale of 1 to 10 daily, but with the bone broth I feel like I'm 15 years younger and the pain reduction effect is nearly immediate. I want to add that starch consumption completely reverses the positive effect of the bone broth. I discovered this when I tried using corn starch to thicken the bone broth as an alternative use, like for making gravy. Boy the pain ramped up to like a 9 or 10 for me. So part of my solution is eliminate starch from my diet in whatever form. If I do consume a starch it is like maybe once a week and in a very limited amount.

I didn't have a nexus statement I think the only thing I had was the "as likely as not" from a C&P examiner. Which causes me to think that can be undone easily by the recent C&P exam I had for my TDIU claim. Right? I mean, all it would take is another examiner saying "less likely than not" to undue the prior C&P examiners opinion. Right? I have in-service treatment, and current diagnoses, but i don't have a nexus statement per se.

That says enough right there. If a claim is won by the "as likely as not" then a CUE can wreck that. I'll stick with what I'm doing, which is submitting the TDIU claim for in January 2022 and then argue later for an earlier effective date with the BVA. Thank you so much for pointing that out. But for clarity, I don't have an active NOD now. I did have an NOD and VA's response was a shuffling of service-connected issues such that I remained at 80% anyway. I didn't appeal it. Instead, I filed the official TDIU claim form which is now pending. I hope to appeal an earlier effective date if they grant TDIU.

It was my understanding that VA would not rate Obstructive Sleep Apnea (OSA) as secondary to Major Depressive Disorder (MDD). I thought VA would only rate OSA as secondary to the PTSD mental health condition, but on the Chisholm Chisholm & Kilpatrick website it appears that VA can rate OSA secondary to MDD. https://cck-law.com/blog/secondary-conditions-to-depression-va-disability/ I know we were discussing this elsewhere on Haddit, but try as I might I cannot find it. I was left with the impression, from that discussion, that VA will not consider OSA as secondary to MDD. I could be wrong... Does anyone here have knowledge or experience of VA granting OSA as secondary to MDD?

Right. I put in a claim for increased compensation. What's shown above shows that the CFR section 3.326 trumps M-21, Part IV. Right? When in doubt, look to the CFR. Right?

Thanks for easing my irrational panic attacks on my pending TDIU claim.

I called VA about this. My question for them was, why am I going to C&P exams for my unemployability claim when I'll be 60 this year, and do I not fall under M-21, Part IV? They said since I submitted a claim for increases (TDIU) that section doesn't apply. My understanding is that M-21, Part IV applies only to VA's initiation in its random selection of C&P requirements, but since I initiated a claim then I have also initiated the C&Ps that VA requires to process my new claim. Mind you, I am 80% not 100% P&T like you so undoubtedly there is a difference there.

Ha... no but you're everything else. Wow your credentials... But it appears you've used VA vocational rehabilitation twice. I didn't know that was possible.

Yeah that's a good question, but maybe ID.me is authenticating by consumer reports similar to DS Logon verifying a users identity when the password is forgotten... I dunno

Right. Then I think... wait the government already has that. They have authenticated me on DS Logon, and also on MyHealth eVet for a premium account. Between the VA and SSA they know me better than me knows me.

I could be wrong, but ID.me is not a governmental portal. It is my understanding that ID.me is a private and/or perhaps quasi-governmental portal. DS logon suits me better I guess. I'm looking for my tinfoil hat... oh darn where did I put it...

Ahh... Oh ok Ah yes, I realized that in his comments on another post. Food for thought.

Is it possible, or advisable, to file a CUE for a decision that excluded TDIU consideration, while concurrently having a new claim filed for TDIU? I should have filed a CUE, given the success of a case posted here by the member named Dustoff 11, (posted Tuesday at 10:26 AM): Some back story here: I filed my original claims in 2016, for which I was granted 80% combined. My attorney included "failed to consider TDIU" on our NOD following that decision of 80%. Yet again, the response to my NOD from the VA made no mention of TDIU. Fast forward to January 2022, I filed the TDIU request form, VA Form 21-8940, the official VA form to apply for Total Disability Based on Individual Unemployability (TDIU). However, it appears I may have a CUE concerning TDIU based on what was said by Dustoff 11 on the thread linked above. Based also on the fact that VA has ignored my issue of TDIU twice. First, in its failure to respond to an inferred claim of TDIU in my original claim and second in its failure to acknowledge TDIU stated on the NOD. My question is, is it possible (or even advisable) to file a CUE for failure to consider TDIU in the original claim and again on the NOD? All VA health records repeatedly show employability issues that VA could not have missed, given the evidence they cited in their response to my NOD. Can I file a CUE on this matter of TDIU even while I have a pending TDIU claim filed as of January 2022? What should I do? How long do CUEs take? Should I withdraw my TDIU claim filed in January 2022? The difference is BACK PAY, one with an effective date much earlier. What should I do? What can I do?

Oh gosh I didn't realize... Sorry. I will delete my posts straying from your topic. Very sorry...