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  1. I've been awarded 100% via TDIU (70% bipolar & 30% asthma) and I seek back pay to 1997 when I submitted my first claim for bipolar disorder. In my C file the C&P examiner states he found and lists symptoms of my mental disorder in a 1983 inpatient report of when I was hospitalized for two weeks in a psychiatric ward. Is that sufficient for a CUE claim for the start date of my disability pay?
  2. In August 2020, I filed a HLR for heart attack and was just called by a DRO. The DRO indicated the decision was in error because it was based solely on the wrong condition (atrial fibrillation) and did not address the heart attack at all. They will go over everything, including the strong "more likely than not" IMO from my non-VA board certified doctor. They said they would try to grant based off of the evidence of record. Of course, if granted, I would get another heart C&P for rating purposed. Should know something within the next couple of weeks.
  3. I've got a question concerning my ratings code sheet. The info enclosed below is depicted on all three of my Ratings Code Sheet (Original - 2013; IU - 2019 & PTSD RFE 2020). Does this mean that I'm service-connected for Sinusitis at 0% or is this just a VARO mistake (maybe a CUE)? Is there any additional action that I should or could take? Thanks in advance.
  4. https://www.va.gov/vetapp20/files1/20000710.txt There are 1954 BVA decisions regarding CUE in 2020 alone. Many were denied, some were re-file-able, "without prejudice "( meaning the claimant needs to perfect the CUE and re file it) and CUE is NOT a one shot deal, as many reps etc try to say, and some certainly were awarded.
  5. hello, i was told to look into something called smc l. i dont know if i qualify or not. i was given a 100% permanent and total rating in 2015. here are my ailments. biploar disorder 70% Asthma due to jet fuel exposure 60% cystic acne due to jet fuel exposure 30% carpal, allergies, tinnitus each at 10% i also get ssdi 100% and they require me to use my sister to manage my finances. my sister also basically serves as my caregiver. without her i dont believe i can function. she does everything for me from finances, to taking me to appts, to reminding me and sometimes
  6. I warn y'all that there's a lotta dates on this one but by the end hopefully y'all understand once I'm done. I have duplicate PTSD C&P Exams scheduled for 11/10/2020 (which I just had) and 11/16/2020. The C&P Exam on 11/10 indicated it was an "Initial PTSD" as that's what the paperwork indicated when I got it from LHI. The upcoming C&P Exam on 11/16/2020 is being done by the VA via VideoConnect. I initially contacted LHI and asked them if they would clarify/verify the PTSD Exam (whether Initial or Review). I literally found out on the day of the 11/10 PTSD would be a "Review Exam"
  7. Got my HLR call Saturday. Yes, Saturday. Hard to believe that someone in the VA is working on Saturday. Good thing the phone displayed VA or I wouldn't have bothered to answer it. I submitted my HLR back on 2 June 2020. Her call was on 24 October 2020. 144 days. The VA will definitely not make their goal of 125 days to the decision on this one. I am not sure what she had looked at in my case, if anything. She wanted to know what I was disagreeing with. I explained to her about the CUE I had filed, all the trouble I had getting VA to accept it. I explained to her how the VA had requested C&
  8. Updated as of 2020-08-27 (at the bottom of my original post) How long does a higher level review/CUE take? I initially called the 1-800 number and they said supplemental reviews are supposed to take less than 125 days, but they were not certain about higher level reviews. The agent speculated they could take a year or longer. This post was changed to track my claim as it made it's way through the VA system. This may help other veterans understand some of the inner workings of what goes on behind the scenes. Why am I calling this HLR/CUE and not just CUE or HLR? At the time the
  9. On 09/25/2013 I submitted a claim for tinnitus. Received a VA letter dated 06/09/2014 informed me that the VA could not find my complete service treatment records could not be located and therefore unavailable for review. all efforts to obtain Has been exhausted based on these facts the VA determined that further attempts to obtain these records would be unsuccessful if these records are received at a later date the decision will be reconsidered. if a different decision results, that decision will be effective the date of this pending claim. (09/25/2013) Well I was denied for tinnitus. So on
  10. Hello!! I wish I would have found this site before, because WHAT.A.NIGHTMARE the VA disability process is. Bear with me as I try to explain my thinking: Okay, so I have had GERD listed as a condition at 0% rating, but, after fighting for an increase, it was given on 1-28-2019 (and as such, I cannot see when the 0% was given). However, even in the notes from endoscopy AND the dr noted epigastric distress, dysphagia, constant pyrosis (heartburn), shoulder pain-ALL things that should get a better increase to 30%. I submitted a claim for increase May 8th, 2019. It was quickly denied, st
  11. I was checking va.gov after receiving the mostly favorable results of an HLR for an earlier effective date claim for migraines where VA called CUE on themselves. I say mostly favorable because the effective date claim went back to 2006. The CUE was instead awarded exactly one year back from the date of the intent to file in March 2019 back to March 2018. That's when I noticed a new claim for increase on va.gov for TBI that I did not submit. That's where it says under evidence gathering "Request 1- 930 rating not addressed see claim notes" I spoke to a VA rep who says that
  12. The CUE I submitted last year was denied in January. I submitted a HLR asserting a CUE contention that the VA failed to properly apply functional loss/impairment per 4.40 and 4.45 and award a rating higher than 10%. The HLR denied CUE occurred, again relied solely on the maximum ROM, but made no mention of my contentions that functional loss/impairment per 4.40 and 4.45 were not properly applied. Initial exam This exam was a crap shoot, but at least they were able to confirm it was in the record. A reasonable person would have used objective math to divide 35 mm by 2 resulting in
  13. I need some help with my effective date, I applied for Migraine increase on Feb 19, 2019. VA denied it. Recently looked in c-file and the C& P exam results were favorable, it was done at a VA facility by VA doctor neurologist. In the decision letter dated Jun 20, 2019, rater never gave a reason on why the exam results were disregarded. I got an independent medical opinion and filed a supplemental claim on April 10, 2020. Another C&P exam was conducted on june 24, 2020. Va approved the claim and gave an effective date of jun 24, 2020. I believe that I can claim CUE here as the effe
  14. How do I submit a CUE claim. What form do I use
  15. Today, I received a call from a VA Insurance Center supervisor regarding a HLR/CUE I submitted earlier this year. Despite one of their departmental attorneys discussing it with me in May for more than two hours over the phone, I never received a decision letter. They could see where the my documentation was received, but for "unknown reasons" a task was never generated to work it. We briefly discussed the details. They said they were familiar with CUE, but said it applies to compensation claims, not life insurance decisions. They said there was no requirement for them to fill out the long
  16. I wanted to send out an update on my CUE claim. As I suspected from the process and response, I received a denial decision letter today. They denial almost verbatim regurgitated the same statements from the original denial in 1999. It's like the reviewer simply read the original denial, retyped it and said too bad without addressing the issue of probative values and presumption of sound condition. My question is for next step, should I go through the process of Higher Level Review to see what they say before going to the Board of Appeals to exhaust every option before hand. Any thoughts w
  17. It was pointed out to me that I should file a CUE because my final rating decision although at 100% is not "permanent. They left it open for future exams. The person who suggested it just got his P&T rating and no further exams by claiming M-21-1, III.iv.3.B.2.c & d. Basically, because he was over the age of 55. My rating is for 100% for leukemia (CLL) (I know the rating criteria has been updated) and I'm over 55. Looking at the M21-1 and I feel I match four criteria listed. My question would be if the disability Rating Schedule says "perhaps" I will get reexamined in the future thinki
  18. My thanks go out to everyone here on hadit.com! In September 2019, I filed two CUE claims. One was granted and the other was denied, but will be appealed. In 1995, I filed a claim for rhinitis/sinusitis (38 CFR 4.97 DC 6501/6522) and it was granted on appeal in 2000 due to aggravation of pre-existing disability. 30% was awarded, but it was reduced by 10% to 20% due to the C&P examiner's opinion: “OPINION: In my opinion, the veteran obviously had allergic problems before entering the service which got worse while he was in the service…” After fighting for five years, I was elated and
  19. Did the VA make the same CUE twice? Please offer your opinion. In my CUE, I asserted the VA failed to apply: 38 CFR 4.40 Functional Loss 4.45 The Joints Key provisions of the DeLuca ruling (painful motion = functional loss = limited motion) Here is the rating decision denying CUE: The VA acknowledges that a loud click was heard and painful motion started at 29 mm (falls in the criteria for a 20% rating) Again, the VA failed to apply: 38 CFR 4.40 Functional Loss 4.45 The Joints Key provisions of the DeLuca ruling (painful motion =
  20. Happy Holidays Everyone, I wanted to let those of you who are interested know that the cue I filed for change of effective date from March 2018 to October 1999 is now in the "Preparation for Decision" status. I mailed the formal CUE September 17, 2019 and it went to "Preparation for Decision" status today. Now I'll be on pins and needles until I get the decision packet in the mail. I'll keep you all posted! Best,
  21. Quick question to see if anyone knows what happens if you win a CUE relative to back pay. Does the VA automatically calculate any back pay based on individual solder and then you have to send them marriage cert, birth certs/ssns to show when you had your dependents added? I'm just curious ... not getting ahead of myself but IF I am fortunate enough to win my cue, it would mean back pay for 20 years and would also mean that I would have changed from 20% in 1999 to some higher number. That would mean that my wife and children would also come into play starting in 2001 instead of 2019 like
  22. First I'd like to thank all of you for the great assistance you provide! I'm a long time lurker but finally created an account to post this question to the experts today. Background: - Discharged from active duty in September 2000 - Participated in a "VA Pilot Program" where you sat with a VA clerk during out-processing to determine any potential disability claims, which were then submitted by the clerk for you. - In Jan 2001, received a decision letter with the following rating, back dated to my date of discharge: "Service connection for degenerative disease of low back ha
  23. 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 docume
  24. So, as some know I have been having a little war with the VA and my VSO, the American Legion, about getting my DBQ's. So today I went to the VSO's office in the VARO building during their "walk in" hours since I could not get them to give me an appointment. On the door was as sign saying the office was closed for the week for training and left the 800 number for Washington DC office. I knock on the door anyway. Two ladies answer. Tell them what I want and that I need them to do it today. They invite me into the office. I hand them a typed sheet with the Dates and
  25. Note: My claim(s) are under Legacy Appeals I received a Rating Decision where the VA acknowledges CUE, though I didn't claim CUE, but the decision admits CUE... I did write in my NOD supporting statement, "NYCRO committed unmistakable egregious errors when they closed my 2016 claims," but nothing about claiming 'Clear and Unmistakable Error(s)'. So then, I'm feeling like this CUE claim by the VA is some...thing they've done to put a halt on that component of my claim...which is retroactive for TDIU... In my SOC appeal I took the route of "I dunno" lay person filing appeal
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