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Svr Radio Show 1-12-2011


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  • Moderator

We are going to discuss all aspects of CUE ont his show so make plans to listen.

Dont miss it. The SHow starts at 5:30 PM central time.

J

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Show starts 5:30 Central time - 6:30 Eastern time.

If you want to maybe learn a little something - be there !

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  • Community Admin/Founder

Please note we have switched servers and not everything is working the way it should so if you click on a link and get this

Oops! This link appears to be broken.

Suggestions:

  • Access a cached copy of www.­hadit.­com/­VA_General_Couns­el_Precedent_Opi­nions
  • Go to www.­hadit.­com
  • Search on Google:
    Then click on cached copy that will take you to a copy of the page until i get them all updated.

Demo Video on How To Search HadIt.com and other sites as well http://hadit.com/searching_hadit.swf

38 CFR 20.1403 http://ow.ly/3CRTY

Search Results for a CUE on the HadIt.com site http://ow.ly/3CQXX

CUE http://ow.ly/3CRaD

Can one ask for reconsideration of a claim without submitting new evidence, if one claims a clear and unmistakable error (CUE)?

Yes, but there has to be a clear and unmistakable error in the decision. If there isn't it does no good to claim that there is. The person looking at the claim of clear and unmistakable error can only change the prior decision by calling it CUE and this must be signed off on by the Service Center Manager. He/she can't change the decision simply by substituting his/her judgement for the original decision maker. So consideration of CUE is not really a "reconsideration". All they are doing is looking to see if there was an error in statement of fact or application of a law that resulted in an erroneous decision (see also "Clear and Unmistakable errors").

Re-opening claims:

Applying for an increased evaluation:

If you are already receiving service-connected compensation from VA for a/or disability(ies) a/or disease(s) and they have gotten worse since the last rating decision, you can request an increase in evaluation from VA. This is also known as a claim to Re-open. To do this you just need to write the VA a simply letter with your claims number on it (usually your SSN) stating that you believe your service-connected disability(ies) have gotten worse and you would like an increase in evaluation. Along with this letter you should attach any treatment records pertaining to your service-connected disability(ies) since your last C&P exam and rating decision. Once the VA receives your request for an increase, it will go to the Pre-Determination Team and go through the steps I previously mentioned in reference to an initial claim. In other words, you’ll receive that “Duty to Assist” letter again and all the things surrounding it. After your claim is “Ready to Rate,” it will go to the rating activity for a decision, just like a normal claim would. Once the RVSR has made a decision, the rating goes to the Post-Determination team to be promulgated as would an initial rating does. If you disagree with the RVSR’s decision, you can appeal that decision just as any other rating decision outlined in “Appealing an issue with VA.”

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  • Community Admin/Founder

Call In Number call in 213 286 1201 access code 181 642 894

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  • 3 months later...

Help! I can't find the archive file for this show... I looked in the archive list and don't see it. Am I looking right at it and not seeing it (like I do the car keys or book I'm looking for?)

Thanks for the archives!! Awesome information there and listening to them makes me feel like I have some company. You know what I mean, familiar voices now.

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  • question-001.jpegLooking for Answers? Here are tips for finding the answers you seek.

     

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    Tips on posting on the forums.
     

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question.
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
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    Leading to:

     

    Post straightforward questions and then post background information.

     

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      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    • I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
       
    • B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
        • I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

     

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

     

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