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]

Carlie,

I'm already past the "line"... Now I got one answer, and then another. Who's right? Who's lieing to me.

I honestly can't take this crap anymore..

I need to make an apointment to get back on the stronger anxiety meds again.

[carlie]

For your current questions I would believe my VSO

over the 800 #.

carlie

[livingrock21]

Carlie,

It's hard to believe him when it seems as though he's not even trying to help me. His answer to everything is, "Sit tight", "Shouldn't be long", and "I dont believe that's going to help". How am I supposed to believe anything he says either. Who do I talk to if I'm trying to get a straight answer? I feel the same way people on here do, that I should be attacking this from multiple angles. Sitting tight, and letting them screw me again due to them rating everything off a inpertinent C&P exam isn't helping anything. When I say inpertinent, I don't feel like the DR. just mis-understood me and didn't give me the proper examination, I should have never got that examination for paralysis of the median nerve in the first place. I dont have paralysis of the median nerve. Now their trying to base everything off a that C&P exam for a different condition. How is this possible. They can't. It's impossible. He also believes that my SSDI information is going to be key in my appeal. I don't feel so strongly about it. The reason being, I'm getting the SSDI for things that are already Service connected, but also for Anxiety. I had anxiety while active duty, and it's all noted in my SMR. I haven't gotten it SC yet though because I've been fighting them on this. The VSO that helped me with my claim before I got out said I should only claim some of the things in my medical records, and anxiety wasnt one of them. I kind of agreed. They had me on strong anxiety meds at that point, and it wasn't so much a factor at that time. So, I agreed and didn't claim it. Well, it's probably going to bite me in the A#@ now.

My mind is fried from anger, frustration, and anxiety. I'm truely lost. If it weren't for you all, I'd feel completely alone.

Edited March 4, 2009 by livingrock21

[livingrock21]

No one? No help? Advice?

Shhould I start a new topic, is this too long??

[Mcafee]

Hello All Hope All Is Well.

I did not read this entire thread.

How ever if you have the necessary information to show where the CUE occurred.

You can request BVA or VARO to CUE themselves or let them know you will.

I have made this request just the other day to BVA told them apply CUE to a Decision that began in 1990 and after all said and done it was 1998 BVA denied this claim told them 8 years to make a decision?I wish you all the best.

This has been a arjeous task to say the least for me but in 3 years I have learned more than any VSO Officer that represented or LACK there of.IN SHORT YES YOU CAN.