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

[carlie]

pr,

OH BABY - BABY ! !

Just read of your update.

Sooooooooooo Sweet.

Man, that was so fast my heads spinning.

XO,

carlie

[Philip Rogers]

Hey carlie - yup, I couldn't believe it. The whole point was we were approaching it the wrong way. By claiming the CUE they were able to resovle it in just 4.5 months. Yes, soooooooooo sweet!!!! Now she can just drop her other appeal. Thanks for all your help!!!

XO

pr

pr,

OH BABY - BABY ! !

Just read of your update.

Sooooooooooo Sweet.

Man, that was so fast my heads spinning.

XO,

carlie