Nod Question

[gp747]

ok turned out i think i was ok to file a nod on my eed. so i filed a nod and sent in a form 9 also last night.

i am trying to go back to 1987 when i put in for the same thing and was denied. ok i know what they are going to try to say,case was decided and the one year passed in 1987 and that made it final.

however here is where i got them i think. when filed the claim i have won at 30% to begin,it went to bva and they determined that me not filing within the one year was harmless error. i have it in writing in one of my appeals.

so having that out of the way if they accept my reasoning should clear the way for my eed to go back to 1987. right or wrong???

[Philip Rogers]

You can try. I was just reviewing the 6 pages of Alex's posts, Carlie linked to, and saw something on CUE, that may help you. Here's Alex's quote: "No9 CUE lies on failure to obtain more evidence, since that is prt of the duty to azssist, 9whicvh can nevr be CUE. IOf you can show VA violated 38 CF on the evidence before it, then you have CUE." I believe Alex used a Dragon program, to post, which could account for the errors in the text.

pr

ok turned out i think i was ok to file a nod on my eed. so i filed a nod and sent in a form 9 also last night.

i am trying to go back to 1987 when i put in for the same thing and was denied. ok i know what they are going to try to say,case was decided and the one year passed in 1987 and that made it final.

however here is where i got them i think. when filed the claim i have won at 30% to begin,it went to bva and they determined that me not filing within the one year was harmless error. i have it in writing in one of my appeals.

so having that out of the way if they accept my reasoning should clear the way for my eed to go back to 1987. right or wrong???

Edited August 27, 2009 by Philip Rogers

[cowgirl]

Phillip I read this with interest and tried to understand what was posted. Do I see the bottom line as being 'If you can show VA violated 38CF on the evidence before it, then you have CUE"? And that clear and unmistakeable error can't be based on 'failure to obtain more evidence' because of the 'duty to assist'.

To get EED all I did was tell them where to look. That sounds simple, but took a while, about 8 months.

The information was in my file all the while. I had to match up the rating criteria the details for inservice doctor report, initial C&P doctor report, VA doctor report, family doctor report and a recent C&P (for increase) doctor report. Amazing, those details 'matched' and I wanted to believe, but was cautious.

The last C&P exam doc increased a rating I didn't expect and along with discussions here at Hadit that woke me up - the nagging I've had for years came back even stronger that something wasn't exactly right. Rechecked it all, sure enough, the rating was very wrong.

I always thought the condition met the requirements for a higher rating, but I couldn't figure it out before. So, I submmitted for EED, mapping out the matched details best as possible, no new information, described what and where to find the details already in their file on me. Got the correct EED.

Thanks to a C&P doc for doing good works, thanks to God and Hadit.

Hadit teamwork gave me hope!

Hope this helps

You can try. I was just reviewing the 6 pages of Alex's posts, Carlie linked to, and saw something on CUE, that may help you. Here's Alex's quote: "No9 CUE lies on failure to obtain more evidence, since that is prt of the duty to azssist, 9whicvh can nevr be CUE. IOf you can show VA violated 38 CF on the evidence before it, then you have CUE." I believe Alex used a Dragon program, to post, which could account for the errors in the text.

pr

[gp747]

ok here is and was my situation as i do not think i explained very well. i applied for nervous condition bi-polar back in around 1987 or there abouts. i was denied and let the one year time run out . a guy from dav filed for me while i was in the va hospital and after i was discharged i was homeless for a while, anyway i did not get their letters .

so when i reopened the claim they"ro" tried to say i did not file within the one year limit and i appealed it and the bva had mercy on me and said in my case it was harmless error.

so now they are going to say my eed can not go back to 1987 because of the one year clause,but if bva called it harmless error back then it should stand now.

what i am saying is this has been overlooked and i am going to bring it to their attention.

if the bva called it harmless error and let me go ahead with my claim i won the

30% for my eed should go back to 1987 in my opinion.

so what do you think?

[carlie]

I think BVA usually only states "harmless error" when it's more

adventageous for their side (VBA) but not when it would be adventageous for the veteran.

But hey, I think I'm a nay-sayer anyways.

I have a bad habit of this - yes I am serious.

carlie

[gp747]

excuse my disorganized brain ,now i remember it was changed from bi-polar to aquired psychiatric.

but the award is for bipolar, panic attacks, ptsd so i have to think abouit this for awhile and try to figure the best way to state my case.

however i will say i think the bva has been fair with me through all this.

[Philip Rogers]

cowgirl, you stated: "Phillip I read this with interest and tried to understand what was posted. Do I see the bottom line as being 'If you can show VA violated 38CF on the evidence before it, then you have CUE"? And that clear and unmistakeable error can't be based on 'failure to obtain more evidence' because of the 'duty to assist'."

Yes!

pr

Phillip I read this with interest and tried to understand what was posted. Do I see the bottom line as being 'If you can show VA violated 38CF on the evidence before it, then you have CUE"? And that clear and unmistakeable error can't be based on 'failure to obtain more evidence' because of the 'duty to assist'.

To get EED all I did was tell them where to look. That sounds simple, but took a while, about 8 months.

The information was in my file all the while. I had to match up the rating criteria the details for inservice doctor report, initial C&P doctor report, VA doctor report, family doctor report and a recent C&P (for increase) doctor report. Amazing, those details 'matched' and I wanted to believe, but was cautious.

The last C&P exam doc increased a rating I didn't expect and along with discussions here at Hadit that woke me up - the nagging I've had for years came back even stronger that something wasn't exactly right. Rechecked it all, sure enough, the rating was very wrong.

I always thought the condition met the requirements for a higher rating, but I couldn't figure it out before. So, I submmitted for EED, mapping out the matched details best as possible, no new information, described what and where to find the details already in their file on me. Got the correct EED.

Thanks to a C&P doc for doing good works, thanks to God and Hadit.

Hadit teamwork gave me hope!

Hope this helps