ptsd Can I Cue This?

[Shark]

I was awarded 50% for PTSD (was already 50% for AO stuff) total 80% and applied for TDIU and was denied. I just received a copy of my C file and noticed that my 50% on PTSD was set for a follow up on 7/2010 which is the date my Psychiatrist put on a form for California disability which asked for the earliest possible return to work date. So, the VARO had that form when they granted my 50% on PTSD, shouldn't they have also taken that same info to grant me TDIU until at least 07/2010? Is this something that I can CUE?

[RetiredVet]

"may be a stupid question but can a Cue be filed for a case at the BVA ?"

Yes once the BVA makes a decision and it becomes final.

i thinks every vet shoulds appeall eveyrthing. what a backloggs that woulds be. tonail probelms appeal it.

[oldman273]

"may be a stupid question but can a Cue be filed for a case at the BVA ?"

Yes once the BVA makes a decision and it becomes final.

Maybe I should have asked the right question. What would be the outcome of filling the Cue if the BVA agrees that errors were made in the case and remands it back to the state VARO for a hearing? Sorry for the wrong question put out there been a long hard week. Thanks someting positive is always nice thing to wake up to.

[Berta]

If a claim is denied by the BVA it can be appealed to the CAVC.

However there is no way to get more medical evidence into the court record at that point.

If the CAVC finds BVA made legal errors in their decision, CAVC could remand the claim and this could open up way for more evidence to be provided.

However any BVA decision -if final -can be cued by the form of a Motion to the BVA claiming CUE had occurred.

There is extensive info here at hadit on CUEs- a BVA decision can only be cued by a Motion ,with legal evidence of the legal error.

The BVA CUE criteria is a little different from CUE claims filed against a RO decision.

I posted lots of info here on all that available under search at hadit.

I recently helped a lawyer assess his client's claim at the CAVC.

We both came up with only 2 legal errors that he could raise to the court in his brief- but that is all it takes- legal errors BVA made to get a remand.

The only problem is this vet in my opinion would never be able to prove his nexus-the reason for the BVA denial-

On remand maybe he can come up with proof of his nexus.

I had a Motion under CUE at the BVA which ultimately was resolved by the regional counsel here in NY- it was an odd situation-

I didnt appeal beyond the BVA denial-

But I did get awarded the CUE and mega retro when I re opened my AO death claim and the Regional counsel had to verify what I said in it-that VA killed my husband in 1994.

Even though the RO had all this documentation they checked with the VA lawyer anyhow and he ordered the RO to award the CUE.

Funny thing I got a 5 figure check in the mail from VA and it took me 4 -5 days to find out what it was for.Then I found they erred in the amount- I wrote to them and within 3 weeks I got another check.

Over 40 thousand bucks. Not bad for a CUE.

I believe many CUE claims can succeed.

Many vets dont even know the VA committed CUEs in their past decisions.

I intend to succeed on the two pending CUEs I have now at the RO level.

If the legal evidence thoroughly fits into criteria for CUE- the vet has a winner.

[oldman273]

If a claim is denied by the BVA it can be appealed to the CAVC.

However there is no way to get more medical evidence into the court record at that point.

If the CAVC finds BVA made legal errors in their decision, CAVC could remand the claim and this could open up way for more evidence to be provided.

However any BVA decision -if final -can be cued by the form of a Motion to the BVA claiming CUE had occurred.

There is extensive info here at hadit on CUEs- a BVA decision can only be cued by a Motion ,with legal evidence of the legal error.

The BVA CUE criteria is a little different from CUE claims filed against a RO decision.

I posted lots of info here on all that available under search at hadit.

I recently helped a lawyer assess his client's claim at the CAVC.

We both came up with only 2 legal errors that he could raise to the court in his brief- but that is all it takes- legal errors BVA made to get a remand.

The only problem is this vet in my opinion would never be able to prove his nexus-the reason for the BVA denial-

On remand maybe he can come up with proof of his nexus.

I had a Motion under CUE at the BVA which ultimately was resolved by the regional counsel here in NY- it was an odd situation-

I didnt appeal beyond the BVA denial-

But I did get awarded the CUE and mega retro when I re opened my AO death claim and the Regional counsel had to verify what I said in it-that VA killed my husband in 1994.

Even though the RO had all this documentation they checked with the VA lawyer anyhow and he ordered the RO to award the CUE.

Funny thing I got a 5 figure check in the mail from VA and it took me 4 -5 days to find out what it was for.Then I found they erred in the amount- I wrote to them and within 3 weeks I got another check.

Over 40 thousand bucks. Not bad for a CUE.

I believe many CUE claims can succeed.

Many vets dont even know the VA committed CUEs in their past decisions.

I intend to succeed on the two pending CUEs I have now at the RO level.

If the legal evidence thoroughly fits into criteria for CUE- the vet has a winner.

Thanks What I have on my case is that the VA examinier overrode a VA Nuerosurgeon on the issues of my knees and voided his opinion out based on some facts that were just plain wrong. It was said in my claim that I was retired for from my civillian Job for injuries I did not recieve. I was retired because of migraines and PTSD (non Service related) Everytime I look at the case file I get pissed funnything everytime I go to the VA I get the same guy I have tired to switch exams but nothing happened. I get that take it or leave rule so I go ahead with the exam and get the shaft. I am not going to give up but thanks for the infromation.

[hot rod]

I applied for a nervous condition back in the early 70's for an incident that occured while I was in the military. I was denied on the basis that "nervous condition" is not a disease or injury. I have since been awarded 50% for PTSD for the same incident. Is PTSD and nervous conditions the same thing and could I possibly win a CUE Claim?

[john999]

I think you need a DX besides nervous condition. Perhaps there is something in your SMR's that shows a DX. About gettting a CUE retro back to the 1970's I would look into it.