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Should I Go For It?

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Deacon 2011

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Team,

Retired from active duty in 06, submitted 15 years worth of documents from head injury (trigeminal neuralgia)... was only awarded 10% because the VA stated the trigeminal nerve was not paralyzed... appealed, denied. Fast forward to today... submitted same claim info back in March of 2010 as the condition worsened, listed the exact same conditions that have been ongoing and recorded for nearly 20 years... they changed the rating from 10% to 80%. Shouldn't they have done this from the beginning? Is this a CUE????

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Team,

Retired from active duty in 06, submitted 15 years worth of documents from head injury (trigeminal neuralgia)... was only awarded 10% because the VA stated the trigeminal nerve was not paralyzed... appealed, denied. Fast forward to today... submitted same claim info back in March of 2010 as the condition worsened, listed the exact same conditions that have been ongoing and recorded for nearly 20 years... they changed the rating from 10% to 80%. Shouldn't they have done this from the beginning? Is this a CUE????

Deacon,

Please post the Reasons and Basis from the rating decision that granted 10 %.

then

Please post the Reasons and Basis from the March 2010 rating decision that granted 80 %.

That's where the answers are.

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  • HadIt.com Elder

"Retired from active duty in 06,..............was only awarded 10%....................appealed, denied."

At what point did you drop the claim during the appeals? Why did you drop the claim? I think that by appealing at first and than dropping the claim later, suggest that you were satisfied with the results. Anyway, the "remedy" would to have continued the appeal process if you did not agree with the rating percentage. I don't see any CUE claim here.

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  • HadIt.com Elder

Team,

Retired from active duty in 06, submitted 15 years worth of documents from head injury (trigeminal neuralgia)... was only awarded 10% because the VA stated the trigeminal nerve was not paralyzed... appealed, denied. Fast forward to today... submitted same claim info back in March of 2010 as the condition worsened, listed the exact same conditions that have been ongoing and recorded for nearly 20 years... they changed the rating from 10% to 80%. Shouldn't they have done this from the beginning? Is this a CUE????

as the condition worsened
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