Retro Question

[gp747]

i first applied in 1987 for bi-polar was in bad shape could not follow claim,

did not know policy about filing appeal,claim was denied,and i forgot about it.

filed again 2001 bi-polar won 30% but retro went bback just to 2001 can i

make claim i was unable to follow through in 1987 due to mental illness,

which is true.

[cowgirl]

Hi skunk, good question. Sorry, only have questions for you in return. No rush on the answers and I dont know is fine. I dont recall half the stuff I did after getting out. Just wish I had Hadit then.

Do you have the last action you took on the 1987 claim? Did you appeal or just let it deny? Is the diagnosis in your smr's? Did you apply for the disability within the first year out of service? And did you get ongoing care for your condition?

And - did/do have representation then or now?

Just reflecting on the basics as I know em.

Best to ya,

Cg

i first applied in 1987 for bi-polar was in bad shape could not follow claim,

did not know policy about filing appeal,claim was denied,and i forgot about it.

filed again 2001 bi-polar won 30% but retro went bback just to 2001 can i

make claim i was unable to follow through in 1987 due to mental illness,

which is true.

Edited October 10, 2008 by cowgirl

[Berta]

Yes-that is a good point- but I suggest you dig out the older decision-

find what diagnostic code they used-which was obviously wrong-

and file a CUE claim thus: C file number

This is a claim of Clear and Unmistakable Error made by the ___VARO in a final decision dated ______ under auspices of 38 USC 5109A.

I have enclosed both the specific rating decision of 1987 as well as my recent award decision.

The VA committed legal error in determining the obviously incorrect diagnostic code for my service connected bi polar disability.

My disability prevented me at that time to fully appeal the decision.

That decision was final and unappealed and the VA's legal error manifestly altered the outcome of that claim because it denied me a proper service connected compensation rating and award at time of this 1987 decision.

I request a proper earlier entitlement date based on the CUE in your 1987 decision.

Respectfully,

enclosures:

1987 rating decision (use the rating sheet with the DC on it)

Recent award

(I have local vet in same situation- after 12 years he went from "0" NSC to 100 % SC for bi polar-

he got a mega big retro check (had to get the wife for his payee-almost a quarter of a million- it wasnt enough- we cued a past very old BVA decision that denied which he didnt appeal on basis of CUE. He re-opened 12 years before his award.

CUE claims should be very short and sweet-

final unappealed decision

a statement of the legal error they made

proof it cost you retro (the recent award is evidence for that)

I sure would try this - if I were you-

based on what you told us here- I feel this is a CUE Prime Facie-

an obvious legal error.

[gp747]

WELL I WAS DENIED IN 1987 AND JUST LET IT GO I WAS VERY SICK

AT THE TIME . I HAVE ASKED FOR A COPY OF MY C-FILE WILL THE DECISION BE

IN THERE? IF I FILE A CUE IS THERE A CHANCE OF LOSING WHAT I HAVE?

BUT SEEMS BVA CALLED IT HARMLESS ERROR. I WILL HAVE TO LOOK.

[Berta]

BAsed on how I have intrepreted your situation from your posts here-

Harmless error my Butt-

can you give us the BVA decision date and any Citation and docket numbers for that?

or did you already here somewhere?

The decision should be in your C file and on line too----and the BVA web site if this was a decision from the BVA in 1987-maybe- not sure-

I made a mistake- if I said file the CUE with a VARO- but this was a BVA decision- you actually have to file the CUE claim with the BVA.

A CUE clasim in no way at all could possibly affect your present SC standing.

My friend I helped get 100 due to bi polar-

same thing-the BVA long ago said he had Bi polar but not due to service-

he gave up for a while then re-opened-

it took 12 years-

He had the DAV and I helped him a lot-but there were things that only he could do- and he finally did them-

long story-

I am contacting him today to see the status of the CUE claim I prepared for him-

I specifically told him to file it with the BVA and to maintain copies and proof of mailing-

that was about 2 years ago so it should be close to BVA decision by now.

[Berta]

The BVA web site only has cases back to 1992-

Did you have any other dealings with the BVA since 1987?

I think I might be wrong on the legal error-

if they did give you the proper DC for Bi polar at time of that decision-

did they give you any NSC rating at all?

what was the specific reason for denial?

I just realised that I prepared a CUE for you but dont really know what there actual legal error might have been-

I thought they had characterized your disability as something else-

if they clearly said you were bi polar-just like in my friends case-

decades ago but SCed it now-

obviously they should have SCed it then-

I sure hope you can find that older decision-this way the legal error can be determined better-

and the way they stated the denial will help too-maybe they said "not well grounded" ????

I have over 10,000 old emails but maybe can find the CUE I attached to send to the vet I helped-

I forget how I determined legal error in it-I think the DAV still had the older decision he got-in his POA file there-

The bad part about CUE is that the legal error must be stated with specificity.

Bingo- I found it-part of it this is what I typed for him to send-

this was a decision at the Buffalo VARO made in 1980.

"I have received Social Security for my bipolar service connected disability since March 1980. I believe that the 1981 VARO denial was improperly based on the available record of the time and the rules then in effect. The SSA records of 1980 were evidence of total disability due to my service connected condition.

I request that this CUE be resolved favorably to produce an appropriate earlier effective date."

That was in my word docs- I havent found the email yet for what regs I sent too to support this.

Also sometimes ago other regs came out regarding newly discovered SMRS etc- maybe I used that-

If this vet was 100% SC from NADA in the past favorable mega award-

therefore the VA owes him 100% back to 1980.

He said they had his SSA records-in 1980 when he filed the claim. I am not sure if he even filed this CUE-he gave my emails and copies of the CUE I prepared to the DAV and they said they would definitely support it-

[gp747]

WELL NO BVA WAS STANDING UP FOR ME LOCAL VARO WAS

TRYING TO SAY I COULD NOT FILE FOR BI-POLAR BECAUSE I

WAS DENIED IN 1987. BVA HAS BEEN PRETTY GOOD TO ME

ALLOWING CLAIM TO GO THROUGH.SHOOT I AM TOTALLY LOST

ON ALL THIS ,POA IS WORTHLESS AS FOR AS GETTING INFO AND ADVICE