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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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yulooking

I Need Help

Question

ok i dont no how to post the bva decision but here is the ct#0947890 and 092875 if any one would like to post for me it would be of help.

i just want to no that i am not crazy i really thing i won my cue but bva has change my hold cases.

i would really like some input about to do my cue on the bva decision.

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092875 is missing one docket number

here is the other decision:

http://www.va.gov/vetapp09/Files6/0947890.txt

I dont have time to read it yet-

when I get time I will comment on it.I hope others will too.

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I just read the first page:

"A September 2008 rating decision also purported to adjudicate

the question of clear and unmistakable error in the June 1994

rating decision on the issues of initial rating for cervical

spine disability and denial of service connection for a left

elbow disability; however, because these issues were appealed

from the June 1994 rating decision, and there was no final

rating decision, a July 2009 Board decision properly

dismissed these purported issues of clear and unmistakable

error."

This means that since the claim you filed CUE on was still in appellate phase, it did not comply with the CUE criteria (final and unappealed decision).

There was no final decision the BVA knew of since the claim was still pending at time of the alleged CUE.

The decision seems to indicate that the claim that produced the 1994 rating decision was satisfied by this decision:

“The Veteran's cervical spine disability was initially rated

as 10 percent disabling for the period from December 14, 1993

to August 15, 2001, and as 60 percent disabling for the

period from August 16, 2001. Both ratings were assigned

under the diagnostic criteria in effect prior to the first

amendments of the regulatory criteria in September 2002. As

noted above, the amended criteria in this case do not apply

prior August 16, 2001, as the amended rating criteria can be

applied only for periods from and after the effective date of

the regulatory change.”

If you question is- did you win a CUE? The answer is no.

If you feel the 1994 rating decision was somehow wrong you can file a CUE on that

unless somehow that claim is still in appeal status

-which would be highly unusual. But possible.

The complete CUE criteria is here at hadit.

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I just read the first page:

"A September 2008 rating decision also purported to adjudicate

the question of clear and unmistakable error in the June 1994

rating decision on the issues of initial rating for cervical

spine disability and denial of service connection for a left

elbow disability; however, because these issues were appealed

from the June 1994 rating decision, and there was no final

rating decision, a July 2009 Board decision properly

dismissed these purported issues of clear and unmistakable

error."

This means that since the claim you filed CUE on was still in appellate phase, it did not comply with the CUE criteria (final and unappealed decision).

There was no final decision the BVA knew of since the claim was still pending at time of the alleged CUE.

The decision seems to indicate that the claim that produced the 1994 rating decision was satisfied by this decision:

"The Veteran's cervical spine disability was initially rated

as 10 percent disabling for the period from December 14, 1993

to August 15, 2001, and as 60 percent disabling for the

period from August 16, 2001. Both ratings were assigned

under the diagnostic criteria in effect prior to the first

amendments of the regulatory criteria in September 2002. As

noted above, the amended criteria in this case do not apply

prior August 16, 2001, as the amended rating criteria can be

applied only for periods from and after the effective date of

the regulatory change."

If you question is- did you win a CUE? The answer is no.

If you feel the 1994 rating decision was somehow wrong you can file a CUE on that

unless somehow that claim is still in appeal status

-which would be highly unusual. But possible.

The complete CUE criteria is here at hadit.

I just finished reading this document.

They dismissed your CUE claim. their reason was that you had a open claim and cannot file for a CUE when there are unresolved issues still in the VA process.

They did order a remand back to the RO to determine if your claim for TDIU back to 1994 was warranted or whether you could have been working at some job inspite of your disabilities.

They want the RO rater to make a decision on the issue and if against you to provide their reasons. then they want the case returned to the Court.

I believe that was what I understood from the document.

NSA-Saigon-ET

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Here is the link to the second document.

http://www.va.gov/ve...es6/0947890.txt

It states you have been awarded a 20% for left elbow disability from 1994 thru 2001.

It goes on to state the remand already posted and to send the the results back to the court after you have an opportunity to review and add any comments if needed.

Good Luck!

NSA-Saigon-ET

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ok here it is idid the cue of my intail rating from services 1994. dissmissed said these claim are still in appeal status from 1994 and there was never a appeal decision made.

that is false

2001 during these pending appeal i put in paper the va treated as inrease rating claim. which got granted on appeal by the dro i was granted 60% for same neck issue and iu with a effective dated of 2001 the dated i put in the papper.

once i did the cue 2007bva found that my claims are in appeal status july 31 2009 bva decision

on the december 17 2009 decision by bva they adjudcated my pending appeal from 1994 and in the intro call the dro appeal decision and ro decision to do this granted me10% form 1994-2001 and remaned the informal iu claim from 1994-2001.

they will not grant my effective dates the dro decision say right on it decision 2001 . this is a full grant of all current appeal issues. this made any pending appeal final from 1994

last if and informal claim is found in the record and it was granted isnt this a effective date issue for the remaned iu claim.

so not to granted my cue they say my claim are still in appeal status never say 2001 the dro granted these pending appeal which would make everthing effective 1994

last if they left my claim in appeal status since 1994 is this not a error say ro never creify my appeal back than. and why stop at 2001 if my appeals are open. 2001 is the dro decision.

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