RSG Posted September 2, 2009 Share Posted September 2, 2009 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 Link to comment Share on other sites More sharing options...
RSG Posted September 2, 2009 Author Share Posted September 2, 2009 (edited) 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 Link to comment Share on other sites More sharing options...
RSG Posted September 2, 2009 Author Share Posted September 2, 2009 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 Link to comment Share on other sites More sharing options...
HadIt.com Elder LarryJ Posted September 2, 2009 HadIt.com Elder Share Posted September 2, 2009 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? Link to comment Share on other sites More sharing options...
RSG Posted September 2, 2009 Author Share Posted September 2, 2009 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....... Link to comment Share on other sites More sharing options...
Moderator pacmanx1 Posted September 2, 2009 Moderator Share Posted September 2, 2009 (edited) 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 Link to comment Share on other sites More sharing options...
RSG Posted September 2, 2009 Author Share Posted September 2, 2009 (edited) 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 Link to comment Share on other sites More sharing options...
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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
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