Cue For Inferred Iu Claim

[john999]

I spoke to a lawyer today about my CUE claim going back to 1973 on an inferred claime for IU. The thing he points out is that I was unable to work at substantial gainful employment from 1971 to 1985 and then I got a job with the post office and hung in there until 2001. He says I need to show that something happened in 1985 to make me able to work. I say that this is not part of the claim since I am saying that in 1973 I was IU and the VA failed to adjudicate the inferred claim. You see what I mean. He thinks because I did work for a period of time that the VA is going to deny the CUE for IU. There is no rule that says you cannot be IU for 10 years and then be able to work for 10 years and then become IU again for the rest of your life. If you have a mental disorder that is the way it often goes since there is no cure. I will give this guy two weeks to research this thing and then look for another lawyer.

[Pete53]

John:

The main thing that you lawyer needs to know is that as long as you are alive the statue of limitations never runs out. So if you can prove CUE till 1985 you are in like Flynn.

I wish you the best on this but if the lawyer says he won't do it maybe you could do it yourself.

Pete

Fighting the same battle but halfway there

[cowgirl]

John.curious. What do you think makes an inferred claim for IU? Was there some wording regards unemployment or not able to work, or something similiar that makes it 'inferred'? Just curious here, cg (I too have increase% and tdiu claim in)

I spoke to a lawyer today about my CUE claim going back to 1973 on an inferred claime for IU. The thing he points out is that I was unable to work at substantial gainful employment from 1971 to 1985 and then I got a job with the post office and hung in there until 2001. He says I need to show that something happened in 1985 to make me able to work. I say that this is not part of the claim since I am saying that in 1973 I was IU and the VA failed to adjudicate the inferred claim. You see what I mean. He thinks because I did work for a period of time that the VA is going to deny the CUE for IU. There is no rule that says you cannot be IU for 10 years and then be able to work for 10 years and then become IU again for the rest of your life. If you have a mental disorder that is the way it often goes since there is no cure. I will give this guy two weeks to research this thing and then look for another lawyer.

Edited January 11, 2008 by cowgirl

[john999]

Cowgirl

My doctor said in my original decision that I was unable to work and was frequently incapacitated due to my SC condition. The VA ignored this and they said it was all due to a personality disorder. When the VA has clear evidence that a veteran cannot work due to a SC condition then there is an inferred claim for IU. Now it is really not that easy because the VA questions every thing and every assumption you or your doctor has about the law. I was granted SC for a mental condition, but the VA claims that the reason I could not work was due to a NSC PD.

The last time I filed for IU the VA said although I was 70% SC my inability to work was due to a physical NSC condition.

[cowgirl]

Whoa John, you have a statement that you were unable to work due to SC condition? That sounds valid. And that pd label rears its ugly head again. My first c&p, near a decade ago, had that 'probable' pd diagnosis, thus denying my sc. That has been corrected to mdd with a current eed. Personally, I still feel like my correct mdd diagnosis needs to go back to the day of original request. I havent figured out how to get the EED corrected to then as of yet. Not sure if that makes sense or not.

With your dr's statement of 'unable to work', I hope you get whats rightfully due you.

Question; When you filed for IU the last time, did you specify 'exactly what' sc condition kept you from employment? Curious, because when I applied, I used a clear statement 'entitlement to an increased rating based on individual unemployability'. Sure hope that works.Best to ya, cg

Cowgirl

My doctor said in my original decision that I was unable to work and was frequently incapacitated due to my SC condition. The VA ignored this and they said it was all due to a personality disorder. When the VA has clear evidence that a veteran cannot work due to a SC condition then there is an inferred claim for IU. Now it is really not that easy because the VA questions every thing and every assumption you or your doctor has about the law. I was granted SC for a mental condition, but the VA claims that the reason I could not work was due to a NSC PD.

The last time I filed for IU the VA said although I was 70% SC my inability to work was due to a physical NSC condition.

Edited January 11, 2008 by cowgirl