-
Searches Community Forums, Blog and more
- 0
-
Our picks
-
Type 1 Diabetes recent onset!
Marc14 posted a question in VA Disability Compensation Benefits Claims Research Forum,
I was diagnosed with Type 1 diabetes in September 2017 OUT OF NOWHERE.
i am a Navy Reservist and deployed in later 2009 to mid 2010 and again later 2014 to mid 2015; had a 2 year recall between those deployments.
Only healthcare received since commissioning in 2008 was from the Navy and no issues EVER.
insulin dependent and have dietary restrictions and in a non deployable status.
VA denied initial claim due to Type 1 not showing on active duty and now appealing.
Anyone with successful experience getting a rating with my circumstances? I live in Upstate New York.-
- 9 replies
Picked By
Tbird, -
-
Agent Orange Kadena Afb Okinawa
clynch726 posted a question in Agent Orange,
I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.-
-
- 15 replies
Picked By
Tbird, -
-
CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
Tbird posted a topic in VA Disability Claims Articles and VA News,
CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.
https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/-
- 8 replies
Picked By
Tbird, -
-
2019 Veterans Benefits
Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,
State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/-
- 2 replies
Picked By
Tbird, -
-
Appeal granted and closed.
Renegade87 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,
My appeal was granted and closed on November 9. I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great! My question is this: How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great. Thank you all! Hope you have a Merry Christmas!
Edit: This was my first time appealing and it was a VBA grant.-
-
- 6 replies
Picked By
Tbird, -
-
-
Ads
-
Popular Contributors
-
Ad
-
Latest News
CUE can be claimed more than once - BUT - Must be claimed, under completely different theory.
http://www.va.gov/vetapp11/Files2/1116866.txt
As a threshold matter, the Board sees that in a November 2002 Board decision, the Board previously denied the issue of whether there was CUE in the May 1998 rating decision that denied an effective date earlier than August 11, 1992 for the award of service connection for PTSD. However, this denial of CUE was based on a separate and distinct CUE theory from the one presently being argued. That is, the Veteran's earlier CUE motion was based on VA's alleged failure to fulfill the duty to assist, which is not the current theory of CUE being asserted. See e.g., earlier June 2000 CUE motion. Once there is a denial of a CUE claim, under the principle of res judicata, the same claim cannot be raised again. See Link v. West, 12 Vet. App. 39, 44 (1998); Russell v. Principi, 3 Vet. App. 310, 315 (1992) ("[o]nce there is a final decision on the issue of 'clear and unmistakable error' because the [agency of original jurisdiction] decision was not timely appealed, or because a [board] decision not to revise or amend was not appealed to this Court, or because this Court has rendered a decision on the issue in that particular case, that particular claim of 'clear and unmistakable error' may not be raised again."); see also Flash v. Brown, 8 Vet. App. 332, 341 (1995). However, the principle of res judicata bars refiling only as to that particular assertion of CUE; it does not prohibit a claimant from presenting another theory of CUE so long as it is separate and distinct. Flash, 8 Vet. App. at 341; Andre v. Principi, 301 F.3d. 1354, 1361 (Fed. Cir. 2002). In fact, in Hillyard v. Shinseki, No. 08-1733 (U.S. Vet. App. Mar. 29, 2011), the Court recently reiterated VA's position that the number of motions to revise based on clear and unmistakable error that a claimant may bring against a RO decision (as opposed to a Board decision), is unlimited, so long as each new challenge involves a distinct theory of clear and unmistakable error. Therefore, the Veteran is not barred in the present case from alleging a new theory of CUE since it is separate and distinct from the previous theory.
Share this post
Link to post
Share on other sites