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

[carlie]

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 means someone under him will be checking things out a bit.

This will probably add to your wait time.

jmho,

carlie

[livingrock21]

Thanks for the responses Carlie + Ricky.

Ricky,

I don't know whether to think any of this is a good thing, or a bad thing. I think Carlie is probably right, it's only going to add time. On the other hand, my claim is at a stand still right now as it has to be transferred to the BVA for processing. I don't know.

Carlie,

Your probably right, I hope not, but I'm almost positive you are.

I don't know which road to take now. Ask the VA to CUE themselves, ask for expedition, ect. Like I said before, my VSO said sit tight. I know if i just sit tight, I'm going to get the same response i did last time wether I ask for expedition under the GWOT guidelines or not. So, I think I'm going to atleast do that. Still contemplating the CUE. I need to actually speak to someone at the congressman's office to verify that 'all' my concerns are addressed. I'll def. be giving them a call monday.

At this point, I dont know whether to be happy I wrote him, or mad/sad. I was so frustrated at that point, the point before I started posting on here and getting help with my appeal again. At that point, I just felt this was the last option. I've heard pretty much nothing but bad things when you get a congressman involved. About 3 out of 4 aren't good, just slows things down. I've only heard of a handful of cases where it really benifited the veteran. In those handful, it really benifited them, i think a couple weeks after they actually had a favorable decision(this could also be due to their claim almost being done anyway though).

What to do, what to do. If I only knew. I really don't know where to go from here, and which route I'm going to take.

Any suggestions/ideas/plans, I mean any, are welcome. As always, thanks for my sanity. Just got to keep on, keepin on.

Tyler

[carlie]

Tyler,

Your claim is very complex - I do have my fingers crossed

for you.

carlie

[livingrock21]

Now, I'm very, very, very confused!

I'm taking this with a grain of salt, but I just got off the phone with the 1-800 number at the VA.

The guy that I talked to said that my appeal has been closed out. This is why I'm taking it with a grain of salt. My appeal is supposed to be going to the BVA. I'm on my last appeal. Supposibly I sent in the formal form 9 and everything, lol. Don't ever remember doing so, but... Any, like I said, my claim is supposed to be getting prepared to go before the BVA. Well, the guy at the 1-800 number said my appeal has been closed out. He said they partially granted my claim and closed the appeal out.

I'm supposed to believe this? If this is true, now what? Since that was my last appeal, that was supposed to go before the BVA, and supposibly the VARO partially granted my claim, what now. Obviously they didn't give me exactly what I wanted. So, why would they close it out. Since they partially granted it, does that mean I can start over with my appeals, and keep my origional file date? He couldn't tell me what the partial grant was for. I'm really not believing this at this point.

What could a partially grant be? If this is the case, I'm willing to bet, it has something to do with my congressman contacting good ol' director shinseki.

What's your guys take on this? What do you think? Help.

[livingrock21]

AAAGGGHHH!!!

Nevermind.. Just called back again, and the woman I spoke to this time said it's still pending.

---EDIT---

They shouldn't be able to do this! I have highblood pressure and tachycardia as it is, and I can feel it rising. If someone can make a mistake like this, then they should be fired. Their playing with a vets mind, that could ultimately cost them their life.

I want to pull my hair out at this point.

Last I heard from my VSO, he told me to sit tight again! I've suggested everything that I've learned from you all on this site and he just blew it all out the window. Everyone says I should keep my VSO informed and do everything through him, but he won't help. I also asked him if I could come down at see my C-file. He told me it would only slow everything up. He's got a copy of my C-file, so hows it going to slow everything up? Also, in the last e-mail I got, he said my claim was with the VA top consultant. Said, it was sent to him on 2/27. Told me it wouldn't be long now.

I don't think I can believe anything this guy says anymore????

--Another EDIT--

I'm going to try calling one more time. Just to verify the first guy was lieing. I still can't believe that.

Edited March 4, 2009 by livingrock21

[carlie]

Stop driving yourself crazy with the 800 number.

It is not designed to track claims ! ! !

carlie