Jump to content
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Searches Community Forums, Blog and more

  • Ad Free Subscription.jpgOne Time Financial Gift.jpg

    Subscriptions and Gifts are NOT Tax Deductible. HadIt.com is NOT a Non Profit.

  • 0
carlie

Reconciliation Of Moody V. Principi, 360 F.3d 1306 (fed. Cir. 2004), And Case Law On Cue Claims

Question

Department of Memorandum

Veterans Affairs

Date: May 28, 2004 VAOPGCPREC 4-2004

fillin "Please type the 'Date' line information."

From: General Counsel (022)

Subj: Reconciliation of Moody v. Principi, 360 F.3d 1306 (Fed. Cir. 2004), and Case Law on CUE Claims

To: Chairman, Board of Veterans

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

Thanks Carlie - saved it for further study.

Share this post


Link to post
Share on other sites

Ad

  • 0

I hope I am using the correct place for help,if not I am sorry.Thank you for any help.I got one of the nehmer lrtters and replyed to it and got a denial. That is what I expected but I was thinking maybe the would consider my claim for other conditions.When they sent my records back they only sent two dd 214 and I sent four. Also they told me on phone that they had all four.But on the page where they listed evidence they only listed two.I just cannot understand this.They acknowledge that I sent a statement of military service showing all four periods of service.They call it a document which it is, it is not just a statement from me.They also kept the statememt in support of claim.I had 11 service connected conditions and 14 secondary.They also kept all four dd214.On last page of denial they stated...".You contend on your statements received on 14 Feb.2011 that you served on the dmz in Korea.This review is based solely on in country service in viet nam. The va regional office in your home state will make another determination regarding service connection for your heart conditions based on your service in Korea."Does this mean they will automati

caly do that?

Another Question Please. In 2001 I was denied service connection for four conditions.In this letter they also said they did not have the dd 214 for the last two periods.In 2004 I was granted !00% non service connected pension.Again no record of last two periods of service.In the service connected claim I submitted four conditions Hypertension,Heart flutters-PVC's,chronic anxiety,copd,.In the anaylis of the denial they acknowledge that I sumitted evidence showing I was diagnosed with these conditions and dates during last two periods of service.In the analysis of all four they say they neither occured in or was caused by military serviceI SUSPECT the reason they denied them was because of no dd214's but that is not what they said.Word for word in the anaylis of all four they say (Servication may be granted for a disability which began in military service or or was caused by some event or experience in service.Service connection for...... is denied since this condition neither occured in nor was caused by service.) I type with one finger but I have finally arrived at the question! Do I at this point have any standing for cue or anything else? At the beginning of the anaylis they stated that the veterans service medical records were requested from the national personnel records center on March 3,2000.NPRC advised that they mailed the records on August 4 ,2000,but they have not been received.If they are subsequently received,the claim will be reconsidered with date of claim protection.I have found records I had to support all thtclaims ,plus some I think came from St Lewis. Thank you for any Advice ,opion etc. Walt

Share this post


Link to post
Share on other sites
  • 0

"You contend on your statements received on 14 Feb.2011 that you served on the dmz in Korea.This review is based solely on in country service in viet nam." Right-the Nehmer reviews are only for incountry veterans.

"The va regional office in your home state will make another determination regarding service connection for your heart conditions based on your service in Korea."Does this mean they will automati

caly do that?"

No. Have you formally filed claim for AO exposure in Korea that caused your IHD with your VARO?

Do you completely fall into the Korea AO regulations as to the Unit lists and dates?

That info is in our AO forum here.

You mentioned you claimed four conditions.

"At the beginning of the anaylis they stated that the veterans service medical records were requested from the national personnel records center on March 3,2000.NPRC advised that they mailed the records on August 4 ,2000,but they have not been received.If they are subsequently received,the claim will be reconsidered with date of claim protection."

"I have found records I had to support all thtclaims ,plus some I think came from St Lewis. Thank you for any Advice ,opion etc." Walt

Send copies of the records you have found (I assume they are from the SMRs?) to the VA and get proof of mailing them and send then a cover letter reminding them of above statement (maybe best to send them copy of the decision in which they said that)and copy of this regulation (this is from a doc I saved on my PC so I suggest to find this reg in 38 USC instead of this printout- I am sure we have a direct link to the reg here.

This is not a CUE basis, they are saying they will reconsider your 4 issues based on receipt of the missing service records.

If the missing records cause the claim to now succeed-as the regulation states-your EED is protected:

(3) An award made based all or in part on the records identified by paragraph ©(1) of this section is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions of this part applicable to the previously decided claim.

-----

Title 38: Pensions, Bonuses, and Veterans' Relief

Browse Previous

Share this post


Link to post
Share on other sites
  • 0

Again I am assuming you have found missing service records such as your SMrs that reveal a documented nexus to your present 4 other disabilities.

Either one of these print outs will be be good to send with your Request for VA to reconsider based on their past statements:

http://cfr.vlex.com/vid/3-156-new-and-material-evidence-19776250

38 CFR

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=e1ca5025eb146090cb157b37450fb5c5&rgn=div8&view=text&node=38:1.0.1.1.4.1.59.65&idno=38

38 CFR as it refers to 38 USC 501

I think you should check via IRIS Contact US system at the Main VA web site to see if perhaps the Korea AO IHD claim was formally accepted by your VARO.

If not -you should file it ASAP.

Edited by Berta

Share this post


Link to post
Share on other sites
  • 0

Thank you kindly Berta. I am going to have a lot to sort out in my mind I guess.I really do not want to go to the vfw or any of the others because the two that have been involved did not seem to really want to or care but it may be best if I do.This time I have 11 conditions I was diagnosed with and treated for while in service and 14 more since I got out, I was diagnosed with and treated for prostate cancer this past summer. I left Korea in November 67 and they reconized agent orange in april 68 I IHINK so I do not have any hope there.But yes I do have records now and plan on getting some IMO.I just could not understand why in the anaylis they said treatment records showed the condition and at same time said it did not occur in service. That is why I asked You because I know you have been doing this a long time and know what you are talking about.Thank you again Walt Thank you for helping everyone.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Our picks

    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 8 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
      • 6 replies
    • Question About Temporary 100% Rating for Hospitalization
      Hey all. I've searched all over the net, and read the CFR on the topic. I will be going to PTSD Dom inpatient treatment here soon. I read that it's possible to get 100% temp for hospitalization. However, the CFR says that PTSD Dom does not qualify, but then in the exceptions it says that it may. Does anyone know if I will qualify for temp 100%. I will be in there for almost 2 months. Here is the CFR code, and the part regarding the matter-

       

      Do not apply the provisions of 38 CFR 4.29 when a Veteran

      is treated as a resident in a State Veterans’ home is currently receiving a total rating for the disability for which hospitalization was required is a resident in a VA domiciliary program, or is a participant in a live-in/work out program being utilized to facilitate transition to community living.

       

      Exceptions:
      Hospitalization in excess of 21 days for an SC disability in a medical facility located at a State Veterans’ home may entitle the Veteran to hospitalization benefits. Veterans are entitled to hospitalization benefits for treatment in excess of 21 days in a day hospital program if the treatment given is consistent with hospital care for a SC disability even though they are concurrently required to be housed in a VA domiciliary.

      The exceptions part is confusing me. Does anyone know if I am entitled to a temporary 100% rating? I'm currently rated for the same reason I'm going inpatient.
      • 8 replies
    • Abbreviations, Acronyms, etc.
      Abbreviations, Acronyms, etc.
      • 0 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Our picks

    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 8 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
      • 6 replies
    • Question About Temporary 100% Rating for Hospitalization
      Hey all. I've searched all over the net, and read the CFR on the topic. I will be going to PTSD Dom inpatient treatment here soon. I read that it's possible to get 100% temp for hospitalization. However, the CFR says that PTSD Dom does not qualify, but then in the exceptions it says that it may. Does anyone know if I will qualify for temp 100%. I will be in there for almost 2 months. Here is the CFR code, and the part regarding the matter-

       

      Do not apply the provisions of 38 CFR 4.29 when a Veteran

      is treated as a resident in a State Veterans’ home is currently receiving a total rating for the disability for which hospitalization was required is a resident in a VA domiciliary program, or is a participant in a live-in/work out program being utilized to facilitate transition to community living.

       

      Exceptions:
      Hospitalization in excess of 21 days for an SC disability in a medical facility located at a State Veterans’ home may entitle the Veteran to hospitalization benefits. Veterans are entitled to hospitalization benefits for treatment in excess of 21 days in a day hospital program if the treatment given is consistent with hospital care for a SC disability even though they are concurrently required to be housed in a VA domiciliary.

      The exceptions part is confusing me. Does anyone know if I am entitled to a temporary 100% rating? I'm currently rated for the same reason I'm going inpatient.
      • 8 replies
    • Abbreviations, Acronyms, etc.
      Abbreviations, Acronyms, etc.
      • 0 replies
×

Important Information

{terms] and Guidelines