Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

Sponsored Ads

  • Available Subscriptions

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Searches Community Forums, Blog and more

  • 0
Sign in to follow this  
nanaeris

Administrative Review

Question

Hello everyone, I contacted my congressman last month because the Waco Tx, Regional Office refused to answer my question why the used dc 5260, limitation of flexion, to rate my bilateral knee condition when the doctors clearly stated under diagnostic code 5261, limitation of extension, extension was limited to 20 degrees which would give me a 30 percent rating for each knee. I looked in ebenefits today, it stated my claim was in administrative review and to not contact the 1800 number until I get a decision in the mail. My ebenefit account has not been updated since 2008 when I filed an appeal. I have been waiting all this time for a bva hearing, I even asked for a Regional Office hearing last year and have not gotten one. My question is since they stated on ebenefit not to call the 1800 number until I get the decision in the mail. I should be getting a decision soon. I cannot see how this can be denied since the doctor clearly stated limition of extension is limited to 20 degrees. Any thoughts about what I should be expecting. I know the VA can come up with some off the wall explaination, but I think I am ready for anything when dealing with the VA.

I know many people on this site are going through the same thing so hang in their.

Nanaeris.

Share this post


Link to post
Share on other sites

4 answers to this question

Recommended Posts

Ask the VA to CUE themselves. Since the mistake is obvious maybe they will call CUE on themselves. You can't file a CUE claim on your own behalf because you claim is not final.

Share this post


Link to post
Share on other sites

Ad

John999 obviously you do not know Waco VARO where there is nothing that is obvious

Share this post


Link to post
Share on other sites

Read my post-the VA cued themselves, and that is how I finally got to 70%. I had to gently steer the VA in the right direct with the correct evidence.

Share this post


Link to post
Share on other sites

Pete

Yeah, I know these VARO's fight the CUE concept. Asking the VA to CUE themselves is a techique Berta talked about to try and speed up correction of errors that are clear cut in a decision. I won a CUE when I got "S" but I never asked for a CUE. I just asked that the VA grant "S" and retro due to Bradley v Peake. The VA called the CUE.

I am in year 6 on the CUE I filed where VA just excluded my doctor's opinion and all positive evidence. Pretty obvious mistake but they don't think so.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 1 reply
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
×

Important Information

{terms] and Guidelines