Legal Reviewing Rating Award

[tom91]

I've been following up on my claim related to hearing. They shared with me this week that the lawyers/legal group is reviewing the rating. On my previous claims, they informed me at one point that the claim was sent to the rating board and later the approval board. What does it mean by the legal area reviewing the rating? Is that what they mean by the rating board or ...?? Anybody experienced this?

[jbasser]

It could be a Quality assurance issue or it could be an issue of legal interpetation.

they usually wont tell you the details.

Rating board is old VAOLA for rating claims. They used to use rating boards for claims ratings.

Thesed boards would meet on claims and usually included legal folks and medical fokls.

Good luck.

[Berta]

Was this a CUE claim issue?

I do agree with jbasser-could be a finite legal matter-and maybe they needed to discuss with the RC for your VARO-

When I re-opened my claim in 2003 it went to the R C for a legal matter-the regional counsel had to verify what I had said regarding my FTCA matter.Specifically the sentence in my claim: "when the VA killed my husband .....etc etc" forwhich he had to verify a wrongful death award was paid-

The RC then-ion looking in my C file-found a CUE claim I had been denied twice and he awarded it-

duh- I had forgotten it-and didnt appeal it-

They had to send me 40,000 bucks on the CUE he found.

I would not worry about this-

maybe they are just checking a General Counsel opinion that might apply to your claim and support it.

I always wonder if they do that- once a General COunsel Opinion is published the VA knows it and they are supposed to consider these opinions as applicable to certain claims.

Edited October 11, 2008 by Berta

[tom91]

This wasn't submitted as a CUE claim; however, the issue does date back to 91 when I was dismissed from the military due to other disabilities. There is record of the military dr stating 'this soldier displays hearing loss and needs further evaluation' yet it never occurred. I have submitted claims 2-3 times over the past 17 years and was denied but I never appealed. This particular claim I did extensive research and provided documentation from my military records and subsequent dr's audiology tests that show I have tinnitus and hearing loss. The last exam I had before I submitted the claim goes on to say that my hearing loss/tinn was obviously due to loud exposure in the army given my job assignment. Since they referrenced legal, I can't help but be curious as to whether this is because they want to make sure they're covered in denying me again or if in fact it boils down to a CUE claim.

[Berta]

There has been a fairly recent regulation or fast letter involving 'newly discovered SMRs' it is here at hadit-

however maybe the situation you are in is that they DID have your SMRs but didnt consider them properly at all-

maybe they are Cueing themselves-

If they deny again (and I dont see how they can) let us know as this would then be basis for filing a valid CUE claim on your part-due to those past unappealed and denied decisions-

I would sit tight- in the VA legal department there are federal employees who can READ.

[LarryJ]

".....in the VA legal department there are federal employees who can READ."

OMG!

[tom91]

If I'm reading the one paragraph on the site that I find re: newly discovered SMR's, I'm confused. My interpretation is that they go back to the effective date of claim if I did not furnish sufficient evidence with claim. Sufficient evidence appears to mean enough information for them to be able to obtain my records not necessarily that I did not furnish them the actual record with the information. And if they overlooked the information when my records were obtained and now I have pointed it out to them, they would then go back to the initial date of error (or injury) but is on a case by case situation.

Is that correct?