I have asked questions before and received great advice. My question now is what do I do? The letter states" we are writing to let you know that the AMC will be developing additional evidence concerning your appeal, recently remanded by the BVA. The AMC, rather than your local RO will be developing your appeal." Remand is for 1--whether there was a CUE in a January 1978 rating decision which reduced the veteran's service connected colon condition to noncompensably disabling, 2--entitlement to an effective date earlier than January 31, 2005 for the grant of TDIU, 3--entitlement to an increased disability rating for service-connected irritable bowel syndrome with history of amebic dysentery, currently evaluated as 30 percent disabling...... Among other things the CVAA redefines the obligations of VA with respect to its duty to notify and assist veterans in the develooment of their claims. In this case, the veteran has not been advised as to the evidenntiary requirements for a claim for CUE in a prior rating decision, an earlier effective date award, or an increased disability rating. When I called a SO at the RO and asked him what I should do, he said do nothing--they will get the information. I do not believe him and feel I should provide more info and argument in this claim. The VA violated the 5 year rule in lowering the rate to 0% --am I right in my thinking that in order to prove a CUE, VA must have violated a rule? I have been fighting this for 4 years and am uncertain as to what I should do. Flip aided us in getting TDIU and we appealed the effective date, but haven't heard from him in over a year. I am hopeful someone will advise me the course of action t take. I have fought this long and don't plan to give up just yet. I know there are people here who have knowledge about what to do. I am sorry this post is so long but thought I should give some history. If you wish to contact me via email, let me know and I will list it. Thanks--Sandra, wife of Roger.
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farmall
I have asked questions before and received great advice. My question now is what do I do? The letter states" we are writing to let you know that the AMC will be developing additional evidence concerning your appeal, recently remanded by the BVA. The AMC, rather than your local RO will be developing your appeal." Remand is for 1--whether there was a CUE in a January 1978 rating decision which reduced the veteran's service connected colon condition to noncompensably disabling, 2--entitlement to an effective date earlier than January 31, 2005 for the grant of TDIU, 3--entitlement to an increased disability rating for service-connected irritable bowel syndrome with history of amebic dysentery, currently evaluated as 30 percent disabling...... Among other things the CVAA redefines the obligations of VA with respect to its duty to notify and assist veterans in the develooment of their claims. In this case, the veteran has not been advised as to the evidenntiary requirements for a claim for CUE in a prior rating decision, an earlier effective date award, or an increased disability rating. When I called a SO at the RO and asked him what I should do, he said do nothing--they will get the information. I do not believe him and feel I should provide more info and argument in this claim. The VA violated the 5 year rule in lowering the rate to 0% --am I right in my thinking that in order to prove a CUE, VA must have violated a rule? I have been fighting this for 4 years and am uncertain as to what I should do. Flip aided us in getting TDIU and we appealed the effective date, but haven't heard from him in over a year. I am hopeful someone will advise me the course of action t take. I have fought this long and don't plan to give up just yet. I know there are people here who have knowledge about what to do. I am sorry this post is so long but thought I should give some history. If you wish to contact me via email, let me know and I will list it. Thanks--Sandra, wife of Roger.
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