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]

Title 38 U.S.C.

Title 38 C.F.R. (parts 3 and 4 are of the most concern to us)

You'll have a lot of reading to do.

[Bossman]

Title 38 U.S.C.

Title 38 C.F.R. (parts 3 and 4 are of the most concern to us)

You'll have a lot of reading to do.

[Bossman]

Title 38 U.S.C.

Title 38 C.F.R. (parts 3 and 4 are of the most concern to us)

You'll have a lot of reading to do.

Thanks, I am pretty familiar with Title 38. I will restudy but from what I know I am qualified. Title 38 does not say how they have to respond. Title 38 (part 3) only tell me what my situation has to be.

It is my understanding that the raters do not look at Title 38 but they do use MR21_1MR to make their decisions.

I do not know for sure. Cruiser from another site gave that information and he was, I think a rater.

I have been using Title 38 to educate the rater with bold letters, different color letters but even though I know that the medical evidence supported me, they did not pay any attention to Title 38 at all.

[Berta]

"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 would Iris them as well as write to them certified-or Priority with tracking slip and tell them that this evidence was Not in your C file and you are submitting it again as it is probative to the knee claim.

I cannot imagine why any VSO would want a vet to hold back on evidence-especially if it is a medical report that the VA should consider-

I am good example- on Sept 22, 2005 my rep told me he was going to formally present my IMos to the DRO- he had a conference set with her because I had raised Hell with a decision I got that never mentioned ANY of my medical evidence-and I asked the RO VSM to CUE that decision-so she set up this conference-

he NEVER did what he said he would minutes before the conference-(the rep)

in spite of clear medical evidence and 2 IMOs (a VA doc gave me a freeby)

which the rep said he would present to the DRO(I think he took them out of the C file minutes befofre this meeting and then after it he just Sh-t canned them (I just told that part to the OGC as they are working on my complaint)

and they remained again ignored by the VA-claim sent to BVA late July 2006, I got it back Sept 2006 and I am still waiting for an appropriate decision.I even sent the IMos- I have 3 now-to Dep Sec Mansfield and he sent them to the VARO.

This specific claim was filed in early 2003 -dont let this happen to you-

I think some of the reps out there deliberately sit on our evidence-to make sure we dont get an award-

sounds nuts but maybe they play Lets make a deal-for the awards they want.

I am not suggesting your rep is dping that but I am suggesting strongly that his advise is AWFUL.

[Berta]

Bossman- I need to add- what proposal?

Did VA say 'we will give you xxxx if you drop the ZZZZ claim?'

VA never proposed to me on any level- ? I dont understand what you mean here-

Also-I see you are 70%-

if you are not working have you formally applied for TDIU yet?

If you arent working I would-if I were you- attach the TDIU form to the NOD your file on this decision-or better yet- send it in with a re-submission of your doctor's statement and make sure it is sent to the Initials and code on the right hand corrner of the last VA mail you got on this (and Iris them too)

# 18 check Yes and apply for SSA

# 25 remarks- tell them (use se[arate page in needed and refer to it here and put your name,. address and C file # on it-

tell them of the side affects of any SC meds you take that prevent you from working-

ALSO-the eczema- is this a disability that disfigures you or would make an employer maybe unwilling to hire you?

I have a vet with a facial disfigurement (SC) that is costing her adequate employment so she is applying for TDIU.People dont understand excema and other types of skin disorders.They arent catchy but can cause employment difficulties if one deals with the public.

TDIU form next post

[Berta]

Regardless of whatever rating a vet has for SC-if the SC prevents them from working they should apply for TDIU.

If they get SSA for same claimed disability they should definitely make sure VA uses that evidence.

If Voc Rebah ever turned them down for Voc Rehab solely due to SC disability this is Prime FAcie evidence of TDIU-

If one is un -vocrehabable-one is unemployable.

TDIU_form.pdf