Cue Held Up By Appeal

[Bossman]

VA presented me with a proposal on January 18th 2007 and I requested a hearing on January 25th 2007. I never received the hearing and my compensation was reduced from 80% to 60%. I found out that they made a terrible error (http://www.warms.vba.va.gov/admin21/m21_1/...2/ch02_secc.doc) and I should not have been reduced.

Now, I have an appeal in with VA to prove to them that I had knee surgery to reattach my Quad tendons to my patellas (bi-lateral). My Doctor has already sent a letter by me that it is knee but when I got a copy of my C-file the letter was not there.

My VSO is telling me that I should wait until the raters correct my knee issue. I do not believe that is the case because they do not have the letter that they asked me to get to show that what I had was knee surgery. I am SC for my knees.

As my VSO explained it, I should wait until they settle the issue with my knees. If I changed to pursue the CUE (which would move me to 90%) they would have to remove my files to a different area to be worked and that would cause a delay with them recognizing that I had knee surgery even though they do not have the letter for my surgeon and over the last 10 days they have not requested it. I was told by my VSO to wait on the VCC letter. My P.O. Box is less than 2 miles away.

Am I being advised correctly?

[rentalguy1]

I didn't completely follow your post. I think my meds have kicked in or something.

I think you are saying that you have a appeal working concerning the reduction of percentage, and a claim for increase working at the same time. I also think you are saying that the letter from your doc deals with the appeal that is working. Is that correct?

[Bossman]

I didn't completely follow your post. I think my meds have kicked in or something.

I think you are saying that you have a appeal working concerning the reduction of percentage, and a claim for increase working at the same time. I also think you are saying that the letter from your doc deals with the appeal that is working. Is that correct?

No. The proposal is for Hypertention and eczema. That is what the CUE concerns and I know that I have a case on that.

The appeal is on my knees and trying to get the correct rating on that. Tryng to get them to accept that I did have knee surgery and that I have enough weakness that I can not squat, kneel, balance, ascend or descend steps, crawl or stand or sit for long periods. That is what is in the letter from the surgeon. They have the information on all of the appealed (9) SC.

The proposal was only on Hypertension and Eczema. I have been on Corticosteriods since 1986. Constantly since the early 90'S. That equals 60%. VA records show that and they have my pharmacy record back to 1998 that I submitted, I believe that is when Title 38 changed with respect to Eczema.

The knee surgerys are different only because VA separated my appeal. I NOD all 9 decisions in 2004. Now some new stuff has happen and they have merged into my old NOD. Now VA has me going in 3 or 4 different directions to solve a NOD from 2004.

I hope this helps to clarify my situation some.

Thanks for your response.

[rentalguy1]

If everything has been combined into a single NOD/claim, which is generally the case, then I would go ahead and send it in. If you aren't in desperate need for money (re.: need a claim settled right away), then I would send it in. I can't really think of a reason to not send it in, especially since everything is combined into a single NOD.

Just remember to send it certified mail, return receipt requested. That way you have a record of sending it, and a record of them recieving it. You will get your return receipt back in a week to ten days. I would call a few days after that to verify receipt of the document. Good luck!

[Bossman]

If everything has been combined into a single NOD/claim, which is generally the case, then I would go ahead and send it in. If you aren't in desperate need for money (re.: need a claim settled right away), then I would send it in. I can't really think of a reason to not send it in, especially since everything is combined into a single NOD.

Just remember to send it certified mail, return receipt requested. That way you have a record of sending it, and a record of them recieving it. You will get your return receipt back in a week to ten days. I would call a few days after that to verify receipt of the document. Good luck!

They have separated a single claim into several different situations. So every couple of months they hit me with something different.

I am in Atlanta, Ga part of the worst Region of the USA. This Cue is over 1 year old. My appeal has been in for 4 years.

My VSO can not tell me what to expect as far as the time it would take to complete anything.

So, you can see why I am concerned about going for what should be a quik fix or not interrupting the process that is happening now. 4 Years is a long time! I am kinds getting use to VA not doing thier job according to the reg's. I need a fast track solution!

According to MR21_1MR they should scheduled me within 30 days. The did not, so what am I to expect about VA being ready to do thier job in a timely manner, according to the rules that they follow if they did not do it before.

They owe me alot of $$ going back to 2004. That is probably a problem also. If they approve that then they will owe me back to 1998. That is enough to reimburse me for what it has already cost me, almost.

Thanks RentalGuy1 for your response!

[rentalguy1]

I would still submit it. After four years, what's another few weeks for a correct decision?

The thing to remember though, is that M21 is a manual, and I don't hink you can get a CUE on anything but a mistake regarding a law (USC) or a regulation (CFR). Just becuase M21-1or MR says they are supposed to do something, doesn't mean they have to do it. If it's in the code or reg, they have to.

[Bossman]

I would still submit it. After four years, what's another few weeks for a correct decision?

The thing to remember though, is that M21 is a manual, and I don't hink you can get a CUE on anything but a mistake regarding a law (USC) or a regulation (CFR). Just becuase M21-1or MR says they are supposed to do something, doesn't mean they have to do it. If it's in the code or reg, they have to.

What is the address for the codes or Reg's?