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

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    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

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Notorious Kelly

Cue, Nod, Recon Question

Question

I want to appeal just one item in my denial.

I know for Reconsideration you must submit new evidence.

What's confusing is the denial makes no mention of evidence from C & P, other info I sent them etc.

I read that submitting the same evidence delays your claim, so I'm confused whether to file a Reconsideration using the same evidence, a CUE calling attention to the evidence, or a NOD.

I researched some previous posts before asking but it just isn't clear to me.

Thanks!

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I want to appeal just one item in my denial.

I know for Reconsideration you must submit new evidence.

What's confusing is the denial makes no mention of evidence from C & P, other info I sent them etc.

I read that submitting the same evidence delays your claim, so I'm confused whether to file a Reconsideration using the same evidence, a CUE calling attention to the evidence, or a NOD.

I researched some previous posts before asking but it just isn't clear to me.

Thanks!

Notorious,

In my opinion for reconsideration you have to submit ADDITIONAL evidence, not necessarily by VBA's

standard of "NEW" evidence.

Keep it mind though, it is not to be what they consider as cumulative evidence.

I've copied and pasted this from a BVA decision as it shows what they mean by cumulative evidence,

" The evidence added to the record since the April 1993 Board decision

is cumulative or does not create a reasonable possibility that the outcome of the decision would be changed if the claim were reopened."

Does the decision that denied the issue list the C&P and or "other info." you sent them, in the EVIDENCE Section,

even tho they did not discuss it in the Reasons and Bases Section ?

Notorious, remember a claim of CUE is only filed on a final unappealed decision.

If you're still within the time limits to file a NOD - then the claim issue would not

be ripe for a claim of CUE.

Now, Berta does frequently suggest asking the VBA to CUE themselves.

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Thanks, Carlie.

That helps clarify some.

It looks like they took information selectively from an exam/C&P but I've got to dig the Pile O' Records out of the truck to confirm and file NOD. (Good thing I didn't burn em, like I was gonna)

I don't mean to be cryptic but have reasons for not posting more detail here.

Thanks again! :smile:

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It looks like they took information selectively from an exam/C&P but I've got to dig the Pile O' Records out of the truck to confirm and file NOD.

(Good thing I didn't burn em, like I was gonna)

I don't mean to be cryptic but have reasons for not posting more detail here.

Thanks again! :smile:

Notorious,

Yes, they often select the filet out of a C&P - that support's their denial.

NO - NEVER - if your going to burn that "Pile O' Records", burn them to CD's and make copies,

stash one in a safe place as you may ALWAYS need them.

Hey - it's OK - remember, our secrets are safe with no-one : )

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Kelly

I am pretty sure I recall reading that the BVA has no authority to change a decision that the Veteran does not file an NOD to, and this is inclusive of other issues.

Far fetched (but possible) example:

You get awarded 70% for depression but you think maybe your symptoms are closer to 50%. However, you file a NOD because your Sleep apnea was denied. In your NOD, you need to specify the issues, in this example: I disagree with the Nov. 1 decision denying sleep apnea. In this instance, the BVA wont do something like deny your sleep apnea and ALSO even reduce you from 70 to 50 for depression. They cant, as they dont have jurisdiction over any issues other than the ones you file a nod on, even if they think a reduction for depression is justified.

Others can chime in here, but I dont think the BVA can adjuticate an issue UNLESS the Veteran files a NOD on THAT ISSUE.

So, your "other issues" become final, and the only issue pending is the one(s) you file a NOD on.

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In a NOD I think all you have to do is say you disagree with such and such decision dated xx/xx/xxx. I could be wrong but I don't think you have to be more specific. It is good if you are more specific.

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