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nanaeris

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When I filed my NOD, I went through my C-file and pulled all the necessary records that the DRO de nova review missed and sent it with my NOD. When I completed the initial C&P exams the doctors did not not have my complete C-file to review. When I sent the records I pulled from the C-file the VA scheduled me for a second round of C&P exams. This time the doctors reviewed my c-file and came up with different conclussion. I was granted 30% for major depression but when it came to a increase for my knee disability that was denied in the SSOC. What the VA did in evaluating my knee disabilit on the SSOC is stating limitation of flexion and stopped which gave me the same 20% rating. They did not discuss limitation of extension which would have gave me a 30% rating as stated on the range of motion by the C&P examiner. For the last year and a half, I have been trying to get the people at the Waco regional office to acknowledge this. They refused to answer any of my inquiries. I even e-mailed the SCM with no response. The DAV has been no help in this matter at all. When I did the NOD, I completed the form 9 and asked for a travel board hearing. I pointed out to the VA that the second C&P exam was considered new evidence and should have been addressed on the SSOC. I pointed out that my response to the SSOC deserved to be answer. All they tell me on the IRIS or over the telephone that I will be scheduled for a travel board hearing. I have requested a regional office hearing over the last year with no response. I was told by the VBA at the hospital here that my claim was being certified to be transfered to the BVA. Now all of a sudden I get a letter asking me if I would like a Regional Office hearing. Does this makes any since, since I have been asking for a hearing for the last year? Is this some kind of tactic to get something on paper to state I just requested this regional office hearing? This claim has been going on for four years, so I was going to take all the information to my congressman and have him look into the matter because I do not know how long it will take to get a hearing at the regional office or for a travel board hearing. I sent the form 9 in over two years ago. If I travel to the regional office in Waco will someone answer my question because it is a 8 hour drive from where I live in Texas. Should I except the hearing or just wait for the travel board? I need to get this done because am going to file for a eariler effective date or a CUE claim back to 1976 and I am told I can't do this until I get this matter setteled. Any advice would be greatly appreciated.

NaNaEris

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  • HadIt.com Elder

The travel board takes quite a bit of time before they schedule the hearing. I'd not want to do anything that might slow things down.

A thought that others might want to comment on is to write a letter inviting the VA to CUE themselves,

and state that you continue to want a BVA hearing, due to the obvious mistakes the VARO has made, unless they CUE themselves.

If worded properly, the VA may take note, CUE themselves, and solve the problem. If not, then there is the BVA hearing.

I think that the BVA hearing will likely result in a remand anyway. (They often do, and this avoids making an immediate decision.)

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I would think the VARO hearing would come faster then the traveling board hearing...?

Chuck made a good point as to asking them to CUE themselves....but I focused on this part:

"I need to get this done because am going to file for a eariler effective date or a CUE claim back to 1976 and I am told I can't do this until I get this matter setteled. Any advice "

There is no reason why you cant file a CUE claim on any past denied and unappealed decision.I assume you are looking for an EED based on CUE that is separate from the pending claim.

The VA told me today that my IHD claim s ready to rate (filed in AUg 2011) but I asked them about the CUE claim I filed in 2004 -still pending and she said the CUE decision will come after the AO IHD decision.

My point is a CUE claim is separate from pending claims.Because the CUE regards a past unappealed decision and the appeal period is over.

A pending claim can resolve a CUE claim (as I think is what will happen in my case) but as I understand this- you believe a legal error was committed in a past decision that you didnt appeal.And their error cost you money.

It could certainly involve the same disability as in my case but these are separate entities for VA to handle.

Whoever said you had to 'wait' for resolve of the pending claim before you file a CUE is wrong-as I understand all this.

I sure cant see how the pending claim will retrieve a retro back that far (1976)

Also ,a personal example- I filed direct SC AO death claim in 2003 (awarded last year) and then in 2004 I filed 2 CUE claims that were put together as one formal CUE claim.

Since the AO claim took 7 years I sure didnt wait to file the CUE claim and both were before the VA at separate times for separate decisions.

The AO claim went to a rater in April 2011 and they told me today the CUE went to a different rater in March.Both are Nehmer Claims.

I don't see why anyone would wait to file a CUE claim.It wont mess up the progress of a pending claim because it has to be handled as a separate issue.

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  • HadIt.com Elder

Right, you can file the CUE anytime. Where did the CUE happen? Did it happen at the BVA or the VARO? I would file the CUE ASAP because it usually takes time and the VA does not assist you in this. Since this CUE is for big money I would consider getting a lawyer to take a look at your CUE. I thought my CUE was pretty obvious but it has been almost 6 years now and I have been to all venues except federal court. When you are asking for over 30 years of retro the VA takes a good look to find a reason to deny it.

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nanaeris

It's to my understanding you can ask your RO when the traveling board is schedule to be in your area. JMO, this might give you deciding time.

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cooter,

Some things you have to know and find out first is, you have to wait for your claim to be certified and transferred

to the BVA's jurisdiction, how many hearings are scheduled at your VARO and what YEAR the BVA hearing will be

scheduled for. This alone can take several years to happen and be determined.

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cooter,

Some things you have to know and find out first is, you have to wait for your claim to be certified and transferred

to the BVA's jurisdiction, how many hearings are scheduled at your VARO and what YEAR the BVA hearing will be

scheduled for. This alone can take several years to happen and be determined.

Actually, I was taking the comment he stated "I was told by the VBA at the hospital here that my claim was being certified to be transfered to the BVA." was getting close enough to where he could at least find out which part of the year the traveling board would be in his area. But like you said, I might of jumped the gun to early in the process to mention that. I didn't even think about, or maybe I should say I didn't realize the part you mentioned, "how many hearings are scheduled at your RO". I guess I mistakenly assumed when you ask for the hearing it's automaticly scheduled on the next board hearing at your RO. Thanks for clarifying that for me.

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