I Need Help

[Mr cue]

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.

[NSA-Saigon-ET]

All your issues have been handled correctly.

The BVA is trying to help you on a question that goes back to the original 1993 filing and decision in 1994. That is the issue of TDIU. Normally you cannot get TDIU with only a 10% rating, except in extraordinary situations. Yours is one of these since you havren't worked all you life due toi whatever reasons. That is the issue raised by the VBA in your claim.

They dismissed you CUE as being filed improperly as this issue is considered an open claim for TDIU. They want the RO to make an investigastion and decision. Then it goes back to a the BVA for completion. Of course they will give you time to comment on the decision before it goes back tot he BVA.

From what I can see on this the BVA ius really trying to help you in every way possible.

The open issue is were you qualified due to special conditions to be awarded TDIU from 1993 -2001 even though you only had a 10% rating back then. You were awarded the TDIU in 2001 since they raised you rating to 60% in that decision and you were then qualified to be awarded TDIU.

I hope that helps you .

NSA-Saigon-ET

[Mr cue]

thank you posting .

and your advices make no sense

do you no what a informal claim is. i did not apply for iu 1994 .it is a claim found in my record from than where comp doc stated i was not working 1994. the next step is to see if the claim has every been granted.during all this time. not remaned it to be developed

do you no how a claim is to be handle found in appeal status during a cue.. you look and see if there was a appeal decision made during the pending appeal that made it final.

here is the law.

Court will extend the holdings in Williams, Juarez, and Ingram, all supra,

to claims that are in

appellate status by virtue of the filing of an NOD. Thus, where an

appellant places a claim for one

5

disability into appellate status by virtue of an NOD, that claim is

resolved by a later appellate

adjudication of a subsequent claim where both claims stem from the same

underlying disorder and

the claimed disabilities are identical or substantially similar. Here, the

Court finds that it

terminated the pendingstatus<a href="file:///C:/Users/Computer/Downloads/USCAVC%20%20Search.htm#hit27">

so my 2004 dro appeal decision which granted both issues neck 60% and iu made my pending appeal from 1994 final. it a effective date issues.

do you get it now. look at the dissmissed cue it is because they said it has not been a appeal decision made on these claim from 1994.

there is and they call it a ro decision to granted me 10% form1994-2001 for neck and reemand the informal iu claim.from 1994-2001.

so what i am try to show is how they change my dro appeal decision which granted everything during these pending appeal which made all this final.

cue should have been granted. it has take 3 yrs for them to look at just one decision. look at the intro to the dec17 2009 bva decisionwhich is invalid. it say 2004 the ro award the veteran 60%. not that the dro granted the claim on appeal . little wording can kill a veteran if you dont no

[NSA-Saigon-ET]

Ok, sorry I can't help you. Good Luck!

NSA-Saigon-ET

[Mr cue]

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.

there is a appeal decision is what i am try to say 2001 i put in papers during these pending appeal va treated as an increase rating claim on appeal the dro granted 60% for the same neck issue and iu give me the effective dated of 2001 the date i put in my papers

i did the cue of the 1994 decision 2008 and find out this has been on appeal status since 1994. but bva called the 2001 dro appeal decision and ro decision. and ro decision cant not make a pending appeal final.

send my folder to amc and it sit there with no one to look at this 3 yrs.bva is trying to work my appeal from 1994 as if there is no appeal decision but stop at 2001. the dated of the appeal decision.

hope i explain that right.