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
     
  • 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

  • VA Watchdog

  • 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
USNDW

Where To File A Cue?

Question

Helping a friend file a CUE for a bad rating back in 2005 and am a little confused where to file it.

The RO that has his file now is here in the local area. His original claim was processed by a VARO a couple of states away, and they are the ones who made the error (we think) in the original decision. He never filed an appeal from the claim and after his claim was complete the VARO sent the file back here to the local VARO. I think maybe they were too busy here and farmed it out because I know a couple of Veterans in this area who had their claims processed at the same VARO a couple of states away.

Any help in recommending where to file would be great.

Share this post


Link to post
Share on other sites

Recommended Posts

I think it should be at the local VARO. I have heard that CUE claims need to be filed at the AOJ (Agency of Original Jurisdiction) but since the claim was farmed out I think it must be filed at the same level. If the local VARO choose to farm it out again, that will be their decision. Keep in mind that since this decision was farmed out the local VARO may not farm it out again and just give it a rubber stamp denial and force it to go to BVA for a decision. Remember the CUE claim guidelines and be specific, make sure there is a CUE before filing.

Edited by pete992

Share this post


Link to post
Share on other sites

Ad

If you need any help that would add fuel to the fire there are some members here that are quite experienced with CUE's.

Share this post


Link to post
Share on other sites

Thanks, I appreciate that.

We are still in the development stage (which will be much shorter than the VA Development stage) but based on the award letter, and the medical records that covered the conditions it is pretty clear that a serious error occurred. The only thing I need to wait for is a copy of the C&P exam, which the Veteran does not remember where it was, to see if there was anything negative from the examiner, but again the reason for the decision, the 10% bilateral, clearly states a DVT in each limb, remarked on the year that both happened and that there was edema (thrombophlebitis) in both limbs, so how on the hell they got 10% after writing that, who knows??

I will be looking for more help and Carlie has already given me invaluable advice.

I really appreciate your help because this Veteran really got hosed, and I almost think that if he had another pulmonary embolism anytime soon his family would not get jack squat because the condition that he is rated for now would not be considered to be the cause of death.

Never have I seen 2 legs on one person that looked so dissimilar, I am talking 2x the size of the other limb.

Can varicose veins be rated separately from THROMBOPHLEBITIS or Phlebitis??

Share this post


Link to post
Share on other sites

Is your friend rated for any other disability?

Share this post


Link to post
Share on other sites

Yes, he's got a 30% for hiatal hernia (GERD)

They denied a couple of his claims and he never appealed. I wasn't here when he separated and only over the past 2 months have we been discussing his rating. He has to get scheduled for a GWI exam. They are supposed to get back to him this week on that. He had his initial VA exam to begin health care just recently also.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Our picks

    • Type 1 Diabetes recent onset!
      I was diagnosed with Type 1 diabetes in September 2017 OUT OF NOWHERE.

      i am a Navy Reservist and deployed in later 2009 to mid 2010 and again later 2014 to mid 2015; had a 2 year recall between those deployments.  

      Only healthcare received since commissioning in 2008 was from the Navy and no issues EVER.

      insulin dependent and have dietary restrictions and in a non deployable status.

      VA denied initial claim due to Type 1 not showing on active duty and now appealing.

      Anyone with successful experience getting a rating with my circumstances?  I live in Upstate New York.
      • 9 replies
    • Agent Orange Kadena Afb Okinawa
      I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.
        • Like
      • 15 replies
    • 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/
      • 10 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. 
        • Like
      • 6 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines