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,

Not exactly what I was hoping to hear about the BDD and my appeal, but was pretty much expecting that answer. Don't know if I should include that in there or not. It couldn't hurt right?

As for the spoilation, I'm going to try and get that in my CUE letter. Their def. with holding evidence and using evidence that doesn't even pertain to my claim (wrong C&P exam).

I wanted to get this letter done today, and send it to my VSO, but it's not looking like it's going to happen. I tried calling my VSO to talk to him about all this, and he's "busy". He's been out of the office since last thursday.

[carlie]

Carlie,

Not exactly what I was hoping to hear about the BDD and my appeal, but was pretty much expecting that answer. Don't know if I should include that in there or not. It couldn't hurt right?

You would have to ask yourself -

a) is this going to just add more confusion to my claim ?

b) will my benefit outweigh the confusion ?

c) where does it even fit in ?

carlie

[livingrock21]

Carlie,

Thats all very, very true.. If I could get them to go along with it though, I'd have my CUE appeal through within three months. I do have to agree with you though, it'd probably just add to the confusion.

[livingrock21]

I tried calling my VSO earlier, and he was "busy"...

Just tried calling again around 3:30, and the closed for the day message came over the phone. So, apparently my VSO office at the VARO closes a half hour early everyday. It says right on the message their open till 4. This is so rediculous. I first tried calling at around noon today. It'll be a week from tomorrow that I've been trying to get a hold of him.

Edited February 18, 2009 by livingrock21

[cowgirl]

Why claim for increase?

Thoughts, its simple to file, says a condition is worse, gets VA VCAA on, including a review (supposedly) of all VA medical records and a VA exam. (Free).

cg'up2009!

I'm still wondering why my VSO put a claim for increase, even though I already have an appeal going for this condition?? Any ideas?

[livingrock21]

Cowgirl,

My thoughts are...

If I have an appeal that at this point is going to the BVA, unless I try and get the VA to CUE themsleves before my claim is sent there. Why at this stage in the game would he put in a claim for increase. Makes no sense, all it's doing is slowing everything down? I could be totaly wrong, and looking at this all wrong. As, a matter of a fact, I hope I'm looking at it all wrong, and don't know what I'm talking about.

Thanks again for all the help guys/gals! You don't know how appreciative I am, my family also.