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Cue And Nod

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DC1775

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Hello Friends,

I have a question about CUE and filing a NOD. I'll try to explain and ask it as clear and simple as possible... but you know the way the VA is...nothing seems simple and clear!

I filed a claim for a service connected disability in 2002. It was denied and I did not appeal. I filed a new claim for the same disability. It was denied a few times...but finally granted a couple months ago.

I was granted 30% but I think that my claim warrants 50%, so I plan on filing a NOD to the 2009 decision for an increase.

Since my claim was finally granted, I'd like to reopen my claim from 2002 -- based on CUE.

Can I file a CUE and NOD in the same claim or do I need to file a an informal NOD and a completely different claim for CUE?

I'd appreciate any advice that anyone could offer!

Semper Fi :lol:

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They might go back, due to the CUE and give you the lowest rating possible- it would have to be 10% at least to have manifested the outcome.

But then again I don't see how they could possibly give you a "0" SC rating regarding the older decision you cued. They would have to give you a staged rating to get you to the 30 %-from time of CUE to the recent award date-BUT this is better than what they gave you so far-

Are you employed?

If not do your SC conditions cause you to be unemployable? any doc ever said that?

A veteran can apply for and recive TDIU (the 100% rate) whatever their current % is- if in fact the medical evidence warrants TDIU.

Only a 70% SC triggers VA to consider TDIU and send the form to the vet-

any vet can however get the form themselves and send it to the VA.

By filing this form-even if the TDIU is denied- the vet has preserved the EED for a future TDIU claim-if the evidence warrants that date.

TDIU form can hold up a pending claim for higher rating but I would rather wait a little longer for potential 100% comp than have to get it down the road sfter th VA just decides on a higher increase but not TDIU.

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DC1775,

Yes, You must use some specific language when filing a CUE claim.

What you posted,

"The examiner should

express their opinion as appropriate in

terms of "more likely than not" or "as

least as likely as not" or "not as least

as likely as not" where: More likely

than not equal the probability is greater

than 50 percent; as least as likely as

not equal the probability is equal to or

greater than 50 percent; and not as least

as likely as not equal the probability is

less than 50 percent"

Is not the VA language required for a CUE claim.

Use HADIT's Search feature to find more on CUE or

study some BVA CUE Decisions and you will see what's needed.

jmho,

carlie

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Thank you, everyone!!! I really appreciate all of the advice that everyone has offered! I officially filed my claim for CUE today. My DAV rep was very impressed with the way I put my claim together and he felt confident about it!!! So----thanks to everyone! B) . I'll keep everyone posted!

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