Envelope Came

[MRRRR5]

Ricky,

Congrats on your CUE win!!

[Stretch]

Ricky,

Alrightttttttt.

[Conecuh]

Well done troop. Enjoy.It will take a while to calm down. ;) Get your letter from VARO and go out to Maxwell and get your ID. Call ahead, was 2 hour wait when I went. Letter from VARO, Award letter, Marr cert for wife, Birth cert. for children.

[Guest Vietnam Tanker]

Hey there Clown, this time the joke was on you. Congrats and I hope you are happy with the decision.

[Ricky]

Winning two CUE's is a big deal. The VA must have really screwed up on your original claim. Break it down for us so we can understand how you won the CUE's.

They were kinda straight forward john, well that is if anything is straight forward with the VA. And in a sense I guess they were not true CUE filings since the decisions were still appealable. However, to make a long story short:

Failure to apply a law or regulation based upon the evidence on hand - I suffered a stroke. The Va conducted a C&P about 5 months later. As a result they determined the stroke was secondary to my service connected HTN and DMII. Based upon this the RO came back and rated me at 10 percent. However, 38 CFR 4.124a states:

8007 Brain, vessels, embolism of.

8008 Brain, vessels, thrombosis of.

8009 Brain, vessels, hemorrhage from:

Rate the vascular conditions under Codes 8007 through 8009, 100 percent for 6 months; then rate residuals at min 10 percent.

I asked the RO to CUE themselves based upon the fact they failed to provide the required 100 percent rating (failure to apply a law or regulation). In the rating decision I just received it states: The original rating decision was clearly and unmistakably erroneous in that it failed to properly apply 38 CFR 4.124a DSC 8008 by failing to award the appropriate level of disability for the veterans CVA. Therefore, the following action is taken. A disability rating of 100 percent is assigned for the veterans service connected stroke blah, blah, blan.

I asked the RO to CUE themselves on an effective date and level of disability for a back rating (failure to apply a law or regulation):

In Feb 2004 I filed a claim for increase in a back rating from 0 percent to 20 percent (with med evidence). In July 2005 I had a C&P and the examiner noted: Forward flexion 45 degrees; extension 15 degrees; lateral bending to either side 30 degrees. The general rating schedule provides that a 20 percent evaluation will be granted for a back disability if forward flexion is greater than 30 degrees but not greater than 60.

The RO issued a decision in Jan 06 which awarded a 10 percent rating with an effective date of Jan 06 - the same date as the rating decision. In the rating decision I just received they said: The original rating decision was clearly and unmistakably erroneous in that it failed to properly apply 38 CFR 4.71a and 38 CFR 3.400. Therefore, the following action is taken. The evaluation of the veterans degenerative disc disease, L4,L5 is assigned a 20 percent evlauation effective February 2004 the date of receipt of the original claim.

That's it in a nut shell. Hope the above makes sense In summary the original rater was an idiot. This one appeared to be on the ball and fully understand the laws and regulations and how to apply them.

Edited August 8, 2008 by Ricky

[Berta]

YIPPEE!!!!!!!!

Men and women- they WILL call Cues on themselves- we just have to make them do that!

THIS IS GREAT NEWS!!!!

Seems like VA has been making more awards here lately.....

Maybe the VA is breaking new wind.....