Questions On Filing C&ue Claim With An Eed. Circa 1969

[RSG]

I was wondering how I might determine if my claim was worth filing, for a CUE claim with an EED.

My BVA decision seems to indicate to me that a cue claim would be a reality in my case....

Maybe I'm reading it wrong, but I think the judge seems to think it may be vaild.....How to I go

about verifiyng wether or not this would be, by studying the deci sions he cited on my claim., or is

there something else I should look for....I was just denied My IU also....Got questions there too.

Tnx

[LarryJ]

Without seeing the ruling/determination there is no way that I would hazard a guess.

Maybe someone else can?

You might try scanning it into your word processor, then attaching it hereto. Make it a copy and Sharpie out all the personal stuff (name, SS number, claim number, address, phone numbers, doctor's names).

[pacmanx1]

You can do what Larry said but if you have a docket number it would be easier. BVA decisions do not have personal information on them. We would need to know more of what the decision said. You can post the docket number or copy the decision and post it here on hadit

[RSG]

Deleted

Edited September 2, 2009 by RSG (see edit history)

[RSG]

Deleted

Edited September 2, 2009 by RSG (see edit history)

[RSG]

You can do what Larry said but if you have a docket number it would be easier. BVA decisions do not have personal information on them. We would need to know more of what the decision said. You can post the docket number or copy the decision and post it here on hadit

04-40299. docket no. supplied

[carlie]

RSG,

I couldn't find your BVA decision with that.

Do you have a url link where you have pulled

your decision up on line ?

carlie

[RSG]

RSG,

I couldn't find your BVA decision with that.

Do you have a url link where you have pulled

your decision up on line ?

carlie

I used to be able to pull it up with the docket number...But I don't know now... found it.....http://www.va.gov/vetapp08/files4/0828310.txt

Edited September 2, 2009 by RSG (see edit history)

[RSG]

RSG,

I couldn't find your BVA decision with that.

Do you have a url link where you have pulled

your decision up on line ?

carlie

Sorry, I found it......http://www.va.gov/vetapp08/files4/0828310.txt

[LarryJ]

I was wondering how I might determine if my claim was worth filing, for a CUE claim with an EED.

My BVA decision seems to indicate to me that a cue claim would be a reality in my case....

Maybe I'm reading it wrong, but I think the judge seems to think it may be vaild.....How to I go

about verifiyng wether or not this would be, by studying the deci sions he cited on my claim., or is

there something else I should look for....I was just denied My IU also....Got questions there too.

Tnx

You may very well have a claim of clear and unmistakable error dating back to your ORIGINAL claim date.

Certainly worth instigating.

Now, what's the problem with your TDIU claim?

[RSG]

You may very well have a claim of clear and unmistakable error dating back to your ORIGINAL claim date.

Certainly worth instigating.

Now, what's the problem with your TDIU claim?

They, the Varo, denied it because i Moved from Idaho to ohio,and now in Wichita, the fact that i would like to be able to work on classic cars or a house or a yard, if I had one......I moved for my mental health, thinking a change in envioronment would help with my depression, I am still unable to work because of this, and other health issues, have really not held a job since 01, at least anything that could be considered a job, maybe one week at two of them, and a few month's at the other..The employers did not respond to VA requests for info.....

I am not sure how to fight this.....And yes that's really what they denied me for.......

[pacmanx1]

Wow, I don't know if I read this correctly but the BVA decision went by the opinions of the VA psychiatrists, VA psychologist, and the counselor. Especially

Dr. B opined that the 1969 diagnosis of agitated depression, an older psychiatric label, was likely the initial episode of what is known today as bipolar disorder, depressed type.

which means agitated depression and bipolar disorder are basically the same thing. Wow, IMHO it looks like you could have a very good CUE claim. If I am wrong others will chime in.

What was the reason they denied your claim for IU? In reference to your IU. Have your psychiatrist write a statement about your likelihood of being able to get and secure a decent job

Edited September 2, 2009 by pacmanx1 (see edit history)

[RSG]

Wow, I don't know if I read this correctly but the BVA decision went by the opinions of the VA psychiatrists, VA psychologist, and the counselor. Especially which means agitated depression and bipolar disorder are basically the same thing. Wow, IMHO it looks like you could have a very good CUE claim. If I am wrong others will chime in.

What was the reason they denied your claim for IU?

See my last entry.... SSD won't let me work either, they say I am unemployable because of my depression......That's what they retired me for in 01. yep, you read it correctly, they also said that I was treated for for 5 month's in the US. NAvy hospital in 69.......which I which is documented...and verified by the judge......used all the lay evidence also...

Edited September 2, 2009 by RSG (see edit history)

[pacmanx1]

What was the reason they denied your claim for IU? In reference to your IU. Have your psychiatrist write a statement about your likelihood of being able to get and secure a decent job. Also make sure VA has a copy of your SSA award or letter stating that you can't work because of your depression. You may have to file a NOD

[RSG]

What was the reason they denied your claim for IU? In reference to your IU. Have your psychiatrist write a statement about your likelihood of being able to get and secure a decent job. Also make sure VA has a copy of your SSA award or letter stating that you can't work because of your depression. You may have to file a NOD

They already have that, BVA judgement say's so....

[pacmanx1]

Sorry been reading to many post and sometimes forget what I read where I read it. Looks like you need to file a NOD for the IU.

[RSG]

Sorry been reading to many post and sometimes forget what I read where I read it. Looks like you need to file a NOD for the IU.

yes, I am going to do that but I am really not sure how to approach this or write the NOD..I guess I need help in determining how and what to disagree with Cause there is a bunch of excuses they used.......

I think they are all erronious, they mean nothing........with rference to tha fact that I am still unemployed....since 01,

and On SSD for the depression, and chronic pain I suffer.......Not to mention type I diabetes......

[pacmanx1]

File the NOD, Just tell them you disagree with their decision. In the mean time you can get another statement from your PCP, psychiatrist or both stating that you are unemployable. I know this may be in your file but having a current one will not hurt you. The thing is the local VARO may deny your NOD and you may have to file a form 9 (appeal) but once your claim goes to the BVA it should be awarded. It seems that sometimes the local VA office just won't approve claims and force veterans to file an appeal. I really don't understand this (actually I do) but they feel they can save money by denying you and you give up. Some veterans would do just that, give up.

§ 4.16 Total disability ratings for compensation based on unemployability of the individual.

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.

[Berta]

GEEEEEZZZZ!!!

"Based on the foregoing, service connection for an acquired

psychiatric disorder, to include depressive disorder and

bipolar disorder is warranted. The veteran's service medical

records clearly establish in-service treatment for depression

and there is essentially no evidence to even suggest that

such depressive disorder pre-existed service. The one-time

treatment by a psychiatrist six months prior to enlistment

was never shown to be for any type of psychiatric disorder,

and as explained by the veteran in a 1969 report, he was

simply having difficulty getting along with his parents at

the time. Thus, there is no clear and unmistakable evidence

to rebut the presumption of soundness at entry."

The past denials must be CUEs----I read this like you do RSG.

This is definitely worth filing a CUE claim on.

Do you have copies of those past denials? Do you have copies of the blue rating sheets?

The legal error would lie in either the Diagnostic code or maybe some other way.

The CUE has to be filed with the RO that denied the past claims.

It has to specify what exact legal error they committed.

I need to think about this some more-------------

it gets me that VA can manipulate our evidence yet the manipulation doesn't raise to level of CUE until they commit a legal error in the decision.

The wording of the earliest decision you got would help us if you still have that decision.(and hopefully the rating sheets where they listed the Diagnostic codes and % given.

[RSG]

Hi Berta,

Yes, I have everything but the Blue sheets you are talking about.....

And this is what I have been trying to say all along.......They have benn walking all over me for the past 40 years...

The things I suffer now and have suffered since I got out are still here and worse than ever, this is the same thing

that SSD retired me for in 2001.....If I can help you or maybe you help me understand what I need to do,

maybe I can do this.......But I'm old and confused.....LOL...and you know all these veterans attorneys...

They won't even read the BVA decision.....Is that weird or what....I think I need some help again.....

Tnx,Ron(RSG)

GEEEEEZZZZ!!!

"Based on the foregoing, service connection for an acquired

psychiatric disorder, to include depressive disorder and

bipolar disorder is warranted. The veteran's service medical

records clearly establish in-service treatment for depression

and there is essentially no evidence to even suggest that

such depressive disorder pre-existed service. The one-time

treatment by a psychiatrist six months prior to enlistment

was never shown to be for any type of psychiatric disorder,

and as explained by the veteran in a 1969 report, he was

simply having difficulty getting along with his parents at

the time. Thus, there is no clear and unmistakable evidence

to rebut the presumption of soundness at entry."

The past denials must be CUEs----I read this like you do RSG.

This is definitely worth filing a CUE claim on.

Do you have copies of those past denials? Do you have copies of the blue rating sheets?

The legal error would lie in either the Diagnostic code or maybe some other way.

The CUE has to be filed with the RO that denied the past claims.

It has to specify what exact legal error they committed.

I need to think about this some more-------------

it gets me that VA can manipulate our evidence yet the manipulation doesn't raise to level of CUE until they commit a legal error in the decision.

The wording of the earliest decision you got would help us if you still have that decision.(and hopefully the rating sheets where they listed the Diagnostic codes and % given.

[RSG]

As far as the VARO submitting to my last employers go , nobody responded to any of there requests for anything,

I earned less than 6000.00 since 2001, IRS say's so.Kinda goes along with the statement in red....

Do I need to disagree with certain parts, or should I just quit messing around and nail the jerks to the wall.....

Go with the CUE and eed April of "69"........Or just pursue the The IU.....OR both.......I am really torn up by this...

and really, really,really angry.....As well as getting more and more depressed.......I am getting to my

wits end with these stupid games they play............When they know dang well they are 100% wrong.........

File the NOD, Just tell them you disagree with their decision. In the mean time you can get another statement from your PCP, psychiatrist or both stating that you are unemployable. I know this may be in your file but having a current one will not hurt you. The thing is the local VARO may deny your NOD and you may have to file a form 9 (appeal) but once your claim goes to the BVA it should be awarded. It seems that sometimes the local VA office just won't approve claims and force veterans to file an appeal. I really don't understand this (actually I do) but they feel they can save money by denying you and you give up. Some veterans would do just that, give up.

§ 4.16 Total disability ratings for compensation based on unemployability of the individual.

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.