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

[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.