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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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yulooking

Is This Good New

Question

:blink: i just call today and nice girl told me my cue claim that had been with the superviser for the last 6 month is with a rating dude or girl . now i ask for hearing girl told me thay could just make decision. so what doe this sound like did i win my cue and they are rating it or is this more of the hold up stuff

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I don't think you can make a prediction about winning or losing a CUE just because it is with the rating board. If it is at the VARO and involves retro I think that unless it is air tight you won't know until you get the rating decision in your hand. How much retro are we talking about? If it is a lot of money I would bet it gets denied by the VARO. Mine was at the VARO and got denied twice. All they have to say it that no legal error was made and you have to prove it was made and that it was so serious that it would have changed the outcome of the original rating decision. Be prepared to appeal this thing all the way.

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John is right.After almost 4 years waiting for a CUE decision on 2 claims I have and after getting a ridiculous letter from the VARO on them,I got a lawyer to handle them.

My CUEs were with Supervisors ,the VSM herself, and raters too etc etc etc-and recently the claims went to a DRO. It all just means it moved from one desk to another.

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now i ask for hearing girl told me thay could just make decision.

The above quote says they have not made an actual decision yet.

It is good news tho that it is moving along the cahin and not sitting in a dust pile for years.

I would rather get a denial and SOC in less than six months or even a year, than to wait for years while my file sits around, because at least then I can be developing my strategy and files for a appeal.

Just my thoughts, for whatever they are worth.

Edited by donews

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fun thing i got the letter for my hearing begin of next month so this claim is moving so why was it with supervisor 6 months isnt she the one that saids if there was a cue or not and isnt the rating dude the one who rates the claim after the supviser looks over it i could be wrong tho

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Well its gotta go to rating sometimes or another so I guess it is good to see it move

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    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
      • 7 replies
    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

      ...................Buck
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