RDT Posted September 8, 2011 Share Posted September 8, 2011 I had a decision on a claim that went back to 2000. The VA based there decision on 2 C&P from 2009 & 2010. The medical records match from the year 2000 (LVL @ 48%) and the year 2011 (LVL @ 50%) Should not there decision be based on the medical evidents in the year 2000 if they are making an award from the claim. They awarded 100% based on the current year 2011 and only 10% for the retro year 2000. Seem wrong to me Is there any reference on when they apply the evidents and would this be a CUE claim Any help would be great Thanks Link to comment Share on other sites More sharing options...
NSA-Saigon-ET Posted September 9, 2011 Share Posted September 9, 2011 Hi RDT, Would like to help you but you haven't posted much for anyone to really understand. Could you be a little more specific ? Link to comment Share on other sites More sharing options...
RDT Posted September 9, 2011 Author Share Posted September 9, 2011 I have attached the VA decision for review. I would think that if you file a claim, it would be based on the medical evidents for that year. Nehmir Case. Any help on how to proceed would be great. I just think that the 48 % LVL in 2000,documented in there decision should rate 60% and not 10% . They based the 10% on a C&P from 2009 for the lease to pay out retro. Thanks RayHadit.pdfHadit1.pdf Link to comment Share on other sites More sharing options...
HadIt.com Elder jbasser Posted September 9, 2011 HadIt.com Elder Share Posted September 9, 2011 Nod that decision right now. The Ejection fraction of 48 is a 60 percent issue as stated in the title 38 part 4. That is what I call a lowball. You cannot cue it until you wait 1 year for the decision to be final. Explain the regs to them very clearly and you will have no problem. J Link to comment Share on other sites More sharing options...
NSA-Saigon-ET Posted September 9, 2011 Share Posted September 9, 2011 I have attached the VA decision for review. I would think that if you file a claim, it would be based on the medical evidents for that year. Nehmir Case. Any help on how to proceed would be great. I just think that the 48 % LVL in 2000,documented in there decision should rate 60% and not 10% . They based the 10% on a C&P from 2009 for the lease to pay out retro. Thanks Ray Hi RDT,, From what I read it looks to me like you received a fair decision. Your METS level was just too high for you to receive more than a 10% rating. I had a 7.6 METS level and I was given the same thing, but they retroed it back to 2003. I am no expert on this but there is an organization called NVLSP and they would take a look at your claim if you contact them and fill out their questionaire. They are good folks and very high powered lawyers. Maybe ask Berta or Carlie on this. I believe they do pro bono work for us vets (free of charge) so check them out. Good Luck! NSA-Saigon-ET Link to comment Share on other sites More sharing options...
Berta Posted September 9, 2011 Share Posted September 9, 2011 This is not a CUE scenario. RDT-did you contact NVLSP when you filed this claim as suggested in our AO forum? The decision might be correct but I suggest whether you had contact with them yet or not- contact NVLSP at their AO addy and ask them if they would review the decision. agentorange@nvlsp.org Yes-these are pro bono lawyers and they won the Beverly Nehmer AO court case. You have a Footnote one Nehmer claim. Link to comment Share on other sites More sharing options...
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RDT
I had a decision on a claim that went back to 2000.
The VA based there decision on 2 C&P from 2009 & 2010.
The medical records match from the year 2000 (LVL @ 48%) and the year 2011 (LVL @ 50%)
Should not there decision be based on the medical evidents in the year 2000 if they are making an award from the claim.
They awarded 100% based on the current year 2011 and only 10% for the retro year 2000. Seem wrong to me
Is there any reference on when they apply the evidents and would this be a CUE claim
Any help would be great
Thanks
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