Pretty Sure I Can Ask The Va To Cue Themselves?

[livingrock21]

I posted here about a week and a half ago. Here's my prior post : http://www.hadit.com/forums/index.php?show...hl=livingrock21 .

I'll give a quick run down on my situation again.

I filed my claim in June of 07 through the BDD program. Was supposed to get my findings 90 days after that, but didn't get them until the end of Nov 07. I imediately noticed that they rated one of my conditions under the wrong VASRD code. They had me rated for Paralysis of the median nerve, and I'm supposed to be rated under Erythromelalgia (7119). Two comepletely different things, that aren't even medically related. I appealed a few days after getting my original findings. The statement of the case that I got from that was denied. Appealed again, this time they partially granted it. They agreed they messed up on the DX, but didn't change the percentage like they should have. I'm on my final appeal now. I know it could take years before I get results now. There are a few reasons for CUE. The main reason obviously being the fact that they rated me improperly to begin with, and both conditions have different rating criteria so how could the percentage stay the same. Also, every time I appealed, I filed for reconsideration. I sent in formal letters. No where in the letters did it say I wanted to file a Notice of Disagreement. Clearly stated that I'd like them to reconsider my claim.

I was under the assumption that an appeal had to be closed out before one could ask for a CUE. I read a case earlier that proved me wrong.

My questions are:

- Does everyone think I have a pretty good basis for a CUE?

- What's the average wait time for a CUE if I can keep my claim at the RO?

- Any other ideas?

Another quick question. What's the criteria for a hardship(getting a hardship to move your claim faster)?

People that read my other thread,

I thought my VSO was actually doing something to help me. He said yeah, send in your evidence(SSDI qualification letter stating conditions). Keep in mind there's alread a FORM 9 NOD in for me right now, he decided to open a new claim for increase. Yeah, that's really helping things. HAHAHA. All it's doing is slowing things down. Thinking about switching VSO's from the VFW to the DAV. Any opinions on that?

Thanks for the help in advance everyone. You guys give such great information!

Edited February 28, 2009 by livingrock21

[livingrock21]

They gave me a C&P for paralysis of the median nerve. They had me rated at 10% for each limb.

Nothing except the number of attacks per year was addressed.

[livingrock21]

Anyone have any ideas on what I should do?

Like I said, I finally got a hold of my VSO the other day. He says I need to sit tight. I can't do that. I know if I just sit tight their going to low ball my rating again.

So, do I request that the old C&P be thrown out due to irrevalance, and then ask to expedite due to their GWOT regulations?

Or, do I ask the VA to CUE themselve?

As always, thanks for the help in advance.

[livingrock21]

Nobody?

--EDIT--

I'm just concerned. I need to make a decision on this asap. I dont want it to continue at the rate it's been going, and get another low balled decision.

Edited February 27, 2009 by livingrock21

[cowgirl]

Living, when you make a decision, let me know. For myself, the unknown ways the VA are why I am here, thankful for Tbird and Hadit's help in at least discussing my questions.

Cg'up2009!

[livingrock21]

You know, I forgot to mention about this from day one in this topic because I kind of forgot about it.

About a month ago, I contacted my congressman. I explained everything to him as I did here, and pleaded for his help. I told him if he was just going to do a congressional inquiry to not bother.

I went out and checked the mail a minute ago, and got a response from him.

He addressed everything in my letter to him, and said he'd be personally handling the situation. He also said he'd be contacting director shinseki about this situation.

This kind of throws another loop in the mess. I'm not sure what to think about this, and now I'm not sure how to proceed from here. Sorry I forgot to mention this, I honestly forgot about it. I truely wasn't expecting anything but a letter saying he couldn't do anything besides an inquiry.

[Ricky]

You know, I forgot to mention about this from day one in this topic because I kind of forgot about it.

About a month ago, I contacted my congressman. I explained everything to him as I did here, and pleaded for his help. I told him if he was just going to do a congressional inquiry to not bother.

I went out and checked the mail a minute ago, and got a response from him.

He addressed everything in my letter to him, and said he'd be personally handling the situation. He also said he'd be contacting director shinseki about this situation.

This kind of throws another loop in the mess. I'm not sure what to think about this, and now I'm not sure how to proceed from here. Sorry I forgot to mention this, I honestly forgot about it. I truely wasn't expecting anything but a letter saying he couldn't do anything besides an inquiry.

I would say that since you now have congressional involvement the VA will more than likely refuse to deal with you directly for a while as they now will have to address the congress critters concerns.

Once he begins to deal with the VA they will pull your file and move it to the congressional team. Same situation as when a soldier processes a congressional inquiry on active duty. The file has to be given special attention by the holder of the file and they have to address any congressional concerns prior to anything else being done to the claim.

Keep in mind this is the normal process for such situations, however, the VA does not always do the normal thing, therefore, your situation and the outcome may vary due to how the management at your VARO handles it.

Ricky