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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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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      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’.


      Knowledgable 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.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in 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.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
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      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
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bucfan47

Help? Is This Grounds For Cue

Question

I am currently a %50 service connected veteran with small fiber peripheral neurapathy in my hands awarded in 2010. I originally filed in 5/1999 honorably discharged in 12/1998. My original denial stated reasons as no evidence on record of being treated and no diagnosis, as well the C&P examiner diagnosed me with parethisia of the hands (subset of peripheral neurapathy) but stated that the etiology could not be found. I have documents in my records dated 4/98 - 10/98 that show treatment and also a provisional diagnosis of what I am currently connectd for. After recieving the denial I went to my local VA office for advice and was told I had no option for appeal as there was nothing in my records. I did not at the time have a copy of my records so ordered them but by the time I got them and found out I could appeal my time had lapsed. For years I got depressed and angry but my dad helped me through and encouraged me to try again and finnaly I was awarded but they only went back to 2009. Also I was awarded with the same information in my records that existed in 1999 just went through the Senator's office to get it done. Do I have a chance at CUE? Help is more than appreciated.

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Another one for the elders, but I would go after them for all you can. You have evidence they had the information and failed to use it in their decision, however a CUE is usually filed for an error in not following the process. I would still (at least) go after an earlier effective date with the evidence you have.

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I am currently a %50 service connected veteran with small fiber peripheral neurapathy in my hands awarded in 2010. I originally filed in 5/1999 honorably discharged in 12/1998. My original denial stated reasons as no evidence on record of being treated and no diagnosis, as well the C&P examiner diagnosed me with parethisia of the hands (subset of peripheral neurapathy) but stated that the etiology could not be found. I have documents in my records dated 4/98 - 10/98 that show treatment and also a provisional diagnosis of what I am currently connectd for. After recieving the denial I went to my local VA office for advice and was told I had no option for appeal as there was nothing in my records. I did not at the time have a copy of my records so ordered them but by the time I got them and found out I could appeal my time had lapsed. For years I got depressed and angry but my dad helped me through and encouraged me to try again and finnaly I was awarded but they only went back to 2009. Also I was awarded with the same information in my records that existed in 1999 just went through the Senator's office to get it done. Do I have a chance at CUE? Help is more than appreciated.

This brings back some bad memories to me as I went through the same thing.

You should call Bergmann and Moore and ask for Carrie. Explain the issues to her.

877 838-2889

A cue is a collatarel attack on a (Final Decision) It has to be a legal error that has caused you harm.(Harm is Retro). You have to show them clearly that by law where they erred and what reg they they goofed up on.

With this being said, I think you may have a strong CUE but I have not seen your case. Carrie will advise you on what to do.

Basser

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If SMR's existed that the VA did not use you have a case. It may not be a CUE, but there is another way to go at it. You will hear about it from others who know exactly what to do.

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Thank you! I will give them a call.

This brings back some bad memories to me as I went through the same thing.

You should call Bergmann and Moore and ask for Carrie. Explain the issues to her.

877 838-2889

A cue is a collatarel attack on a (Final Decision) It has to be a legal error that has caused you harm.(Harm is Retro). You have to show them clearly that by law where they erred and what reg they they goofed up on.

With this being said, I think you may have a strong CUE but I have not seen your case. Carrie will advise you on what to do.

Basser

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Thanks John999 Is this a separate procedure or within the CUE filing? Does it involve Lawyers?

If SMR's existed that the VA did not use you have a case. It may not be a CUE, but there is another way to go at it. You will hear about it from others who know exactly what to do.

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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      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’.


      Knowledgable 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.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in 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.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 0 replies
    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
      • 0 replies
    • A favor please - just changed servers so if you have a moment...
      A favor please - just changed servers so if you have a moment go to https://www.hadit.com I'd like to see how the server handles a lot of traffic. So if you have a moment click the link and i can see how things are going on the back end.
      • 11 replies
    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
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