Berta Posted February 27, 2009 Share Posted February 27, 2009 We have a widow here who has posted in the Introduce Yourself Section and again I think in the AMC question Section. I tried to assess what she posted but I feel she would do better in the Claims Research Forum and asked her to post here- is this OK? Others in this forum might offer her better advise than I did. her handle is akwidow Link to comment Share on other sites More sharing options...
akwidow Posted February 27, 2009 Share Posted February 27, 2009 It seems that now that I have discovered hadit I make it a habit of perusing all new information, and try to absorbe old posts as well. Thank you Berta for starting a post here for my benefit and for those also in my situation. In my remand statement from Court of appeals on part says: http://www.va.gov/vetapp08/files2/0811271.txt The appellant's December 2007 correspondence further raises the issues of entitlement to service connection for asthma, and a higher rating for service-connected post-traumatic stress disorder (PTSD), both presumably for accrued benefits purposes. These claims, however, are not currently before the Board. See 38 C.F.R. § 20.200 (2007). Whereas these claims have not been adjudicated by the RO in the first instance, to include the question of whether they were timely filed pursuant to 38 C.F.R. § 3.1000© (2007), they are referred to the RO for appropriate development and consideration. My late husband applied for service connection for asthma in 2000 or so. Where they say” ... Whereas these claims have not been adjudicated by the RO in the first instance,... “ isn’t that a contradictory statement since he applied for service connection in the past and was denied? I gave VA a dot by dot documented calendar of his catastrophic treatment of asthma that included VA and private medical records that spanned 30 + years. Most of these records were contained in VA files. Wouldn’t this constitute CUE, and my addressing that issue be a CUE request? Since my husband had ptsd since VN, and since he filed for ptsd disability three other times in the past and was denied, is my case filed March 2004 just after his death a sign that a CUE is in order for ptsd as well? Thanks for your time, Akwidow Link to comment Share on other sites More sharing options...
carlie Posted February 27, 2009 Share Posted February 27, 2009 akwidow, Welcome to Hadit. I doubt there is a CUE at this point. Did your husband have any active open claim at the time he died? Others will chime in. carlie Link to comment Share on other sites More sharing options...
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Berta
We have a widow here who has posted in the Introduce Yourself Section and again I think in the AMC question Section.
I tried to assess what she posted but I feel she would do better in the Claims Research Forum and asked her to post here- is this OK?
Others in this forum might offer her better advise than I did.
her handle is akwidow
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