ptsd I Need Some Help On Locating A Precedent(sp) Wings, Anyone!

[Philip Rogers]

It took me 10 yrs to win 100% P&T, and on the way I won increases at each step, but in the end, the BVA awarded me 100%, P&T, retro to 1989, w/Chap 35 for my wife, at the time but they failed to award my daughter, Chap 35, then, and she was 19yo. As my daughter and I were/are estranged I didn't pursue the error. The VA is saying that the exam that awarded me P&T was done in 1997 and therefore my daughter was over the age. I'm saying that since I was awarded P&T, in 1999, retro to 1989, all the additional awards after the initial exam and award, which, btw, were for PTSD, are moot, as the original claim was under constant appeal and was eventually won, thereby voiding all subsequent claims/awards. I was awarded TDIU, w/P&T, in 1997 but the 100%, w/P&T, that was awarded in 1999 retro to 1989 voided that award.

I need a precedent that establishes that when the original claim is won, all subsequently awards/claims are moot or voided. I'm sure there's one out there, it's just that I'm not a good researcher.

We have a DRO hearing in about 2 wks, on her appeal. I'm thinking I should also file a CUE on the original BVA award, based on the failure to award my daughter, in the original decision. It's definitely a CUE. Thanks, all!

pr

[halos2]

Do anything and everything to assist her(your daughter) in attending nursing school. I began in 1973 and it was one of the best decisions I ever made. The rewards are enormous.(Mentally, professionally, and as well as financially). Make sure she applies soon, as most programs fill up for the upcoming year. Good to see you continue to fight for what is right, and best of all to see you win. Good for you!!

[Philip Rogers]

Just to clarify my claim. I filed, for PTSD, in 4/89 and was awarded 30%, initially, which I appealed and continued to appeal until 12/99 when I won a retroactive award of 100% back to 4/89. On my journey I was awarded increases, including TDIU, w/P&T, w/Chap 35 for my then wife. My son used his Chap 35 but when my daughter applied they denied her because she was over the 26 yr age limit. We filed an appeal and have been dealing w/this for about 5 yrs, as her claim. We had a hearing, here, so I could attend. The hearings officer stated he'd read the file and the VA was correct, in their decisions. I disagreed, and still do, however he suggested I file a CUE claim, on my 1999 award, because the issue of P&T was not discussed. I filed that CUE and they awarded me the P&T retro to the original date of 4/89. Now, my daughter, as I understand it, can use her benefit eligibility date as 4/89, 7/09 or any date in between. This will allow her to either collect for yrs previously attended or during the next 8 yrs, which may have also changed recently. There was no monetary award for me but it did give her previously denied Chap 35 bennies. I suggest no claimant ever give up the fight!!!!!!!!!! jmo

pr

[john999]

I was rated 30% in 1997 and appealed the rating based on a faulty C&P exam. Eventually I got a new exam but still was awarded only 30%. I continued my appeal but provided new evidence. I got 70% in 2002 but the effective date was based on the date the VA got the new evidence even though my claim had been under constant appeal since 1997. Did I get screwed on the effective date. I got a CUE going back to 1971 so this whole thing may be subsumbed under that CUE if I win. However, I feel I did get screwed on the 2002 decision on the effective date. What do you think.

[Philip Rogers]

John, personally I think you got screwed, on the EED. I think I'd file a CUE claim on the, now final, 2007 decision. Since you appealed it constantly, I believe, they should have gone back to 1997. Even tho you have a CUE claim in now, I'd file another for this, even if you are successful in the current claim and this issue could become moot, I'd do it anyway, in case you lose on the other CUE. jmo

pr

I was rated 30% in 1997 and appealed the rating based on a faulty C&P exam. Eventually I got a new exam but still was awarded only 30%. I continued my appeal but provided new evidence. I got 70% in 2002 but the effective date was based on the date the VA got the new evidence even though my claim had been under constant appeal since 1997. Did I get screwed on the effective date. I got a CUE going back to 1971 so this whole thing may be subsumbed under that CUE if I win. However, I feel I did get screwed on the 2002 decision on the effective date. What do you think.

[john999]

Phil

I have a lawyer doing my CUE back to 1971. Would I be violating our contract if I file anothe CUE for EED for my 2001 70%/IU back to 1997 on my own? Maybe I should inform him of my intent to file the CUE for the EED back to 1997. This is getting complicated and I don't want to get crossway with my lawyer.

[Philip Rogers]

John, yes, you might want to check w/him, altho I don't see any reason you can't. I have an atty working on one of my claims but I've continued to work my DM-II claim and this CUE claim for the EED, without any problems. As your atty/POA he'll be cc'd any VA responses, anyway. jmo

pr

Phil

I have a lawyer doing my CUE back to 1971. Would I be violating our contract if I file anothe CUE for EED for my 2001 70%/IU back to 1997 on my own? Maybe I should inform him of my intent to file the CUE for the EED back to 1997. This is getting complicated and I don't want to get crossway with my lawyer.