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2NDMARDIVDOC

Second Class Petty Officers
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  1. Like
    2NDMARDIVDOC reacted to broncovet in No news good news???   
    People ask me all the time:
    "What would VA do when x happens?"
    The answer is always that VA is not a unified body, and VA will do whatever they please, when they please.  Time and again they dont follow their own rules, but bend them to fit their own preferences.  
    We dont know what the VA will/will not do, until after they have done it.  
    I do agree with you that, if you the VA had an easy CUE denial, they would have done it, but not necessarily so, given what I just posted.  
    VA goes their own way, with no accountability.  Its one of my pet peeves...we should be able to expect VA to follow their regulations, but we cant, and we have to appeal.   The burden is on us to compel the VA to comply with their own regulations.  Otherwise, in a year the decision becomes final...even with the mistakes.  
  2. Like
    2NDMARDIVDOC reacted to paulcolrain in Is this a CUE??   
    i agree totally. file the FDC then work backwards for EED BY USING CUE THOUGHTS.
  3. Like
    2NDMARDIVDOC got a reaction from MikeHunt in And the plot thickens!!!! WTH?   
    Mike, 
    DFAS can see upcoming deposits. And apparently they can see more about your claim than you can or that your rep can. 
    Dont ask me how, they just can. Anyway, coincidentally I received a rating decision letter in by mail yesterday. I did in the get awarded 70% for PTSD and the other 2 issues were defered until my CP exams next week. I have not however seen any kind of retro payment yet. 
  4. Like
    2NDMARDIVDOC got a reaction from Andyman73 in Pending decision before C&P???   
    Thank you. I'll check it out today. Correct me if I'm wrong but based on what I sent you regarding the language from the original denial letter, they recognized the Facebook the bladder condition started in service, required medication,  multiple disgnostic tests were performed etc yet they say that the "Perpondance of evidence" does not support SC.....  I just don't understand how the hell they can say that?? It seems that they are saying if they can't tie the bladder to another condition, it's not connectable. That's just not accurate. "Voiding dysfunction" is a rating category all by itself and includes overactive bladder. Am I missing something? It seems pretty clear cut to me. 
  5. Like
    2NDMARDIVDOC reacted to MikeHunt in Pending decision before C&P???   
    In the VA's program there's a place to track all the things that are out; a pending exam, requests for service records, perhaps a PTSD stressor statement. If all the items aren't put into the tracker, and someone clicks the last item as received, it automatically goes to rating, ready or not.
    Very likely this is what happened, if I understand correctly what you're saying.
    You don't need new and material within a year of a denial, it's termed a 'reconsideration'
  6. Like
    2NDMARDIVDOC reacted to Berta in Is this a CUE??   
    I assume you did not re apply since, for this condition.
    If not, I suggest that you file for the condition,to obtain a SC rating and then refer to and enclose a CUE claim on the past denial...if, in fact, the symptoms and treatment , as within these following cases, did raise to a ratable level when you were denied.
    “In this case, the Veteran contends that a disability rating in excess of 60 percent is warranted for his overactive bladder, which is rated by analogy under Diagnostic Code 7512.  38 C.F.R. § 4.115b.”
     
    The BVA did not give him a higher rating, but the case shows how they rate this condition and the Diagnostic codes they use:
     
    http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp11/Files2/1113212.txt
    In this case, also awarded, the veteran did not characterize the condition properly but the BVA fixed that and he also succeeded.
    http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp15/Files6/1546461.txt
    You will need new and material evidence when you request the VA to re open this claim.
    If you still have the denial ( hope so) or you might find it if you have an ebenefits account...???not sure
    and if this is the reason they denied:
    "If I remember correctly the reason it was denied is because the VA said no evidence existed regarding that condition. ", they obviously had your SMRs for the SC conditions, yet overlooked the critical evidence in them for the bladder condition.
    Copies from your SMRs highlighted to show inservice treatment, as well as a copy of your discharge certificate is enough new and material evidence to re-open the claim and tell them your medical records will reveal this condition is still current  and is still being treated by the VA.
    If they award the current condition, then you will need a copy of the past denial and if the condition was at a ratable level when you were discharged I will write a CUE claim for you and post it here.
     "So the question is, can I file 15 years later for a CUE since they had the evidence and didn't apply it? By the way, I still carry that diagnosis and still take medication provided by the VA so all records are current. "
    You bet. I found 4 CUEs in my 1998 DIC award letter...all awarded. The most recent CUE was awarded last year.
     
     
     
     
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