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diabetes Is This A Cue?
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Question
Shark
I received a decision in July of 2008 granting me 50% PTSD, I already had 20% for Agent Orange Diabetes 2 and 10% for each limb for peripheral neuropathy for a new total of 80%. I applied for TDIU and was denied in October of 2008. Their reasoning was that I was not found unable to secure employment since I have an MBA and am in a Ph.D. program. This is despite letters from my VA Psychologist and Psychiatrist stating that I am unable to work. I have income tax records from 2006 on showing that I have only received SSDI and VA benefits and have not been employed. I filed a NOD in December of 2008 and have secured an attorney, but he will not do anything until he receives my C file, even though I have a copy that I received last month! It has been 3 months since he sent in a request.
So, the PTSD is working overtime and I am getting more and more upset and was thinking about filing a CUE due to " RO had failed to apply the “clear and convincing evidence” standard of proof mandated by 38 C.F.R. § 3.343©(1). " that I could work.
Does anyone have any thoughts on this approach?
Thanks!
Vietnam 66, 67/68. Combat Aircrewman doing search and rescue in N Vietnam. HS-6
Combat Vets Association
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