My Cue Is Now Working From 93

[Mr cue]

i got a call from amc. i cue a 93 first rating decision granted 10% for neck issue and denied broke elbow told pre exiting broke it when 11yrs old.

did a cue found out these claims were left pending in appeal status. ro never cretify the appeal to the board 1993. the claims just sat there. bva decision july2009.

i was like wow i won a cue. they open the claims back up to 1993.

here were they start there games. told there has never been a appeal decision made on these claim they remain open.

next bva adjudcated the appeal from 1993-2001 for neck issue and increase from10% to 20% and granted elbow from services 1993. and found and infromal iu claim from 1993-2001 but remaned it to be developed.

2001 during these pending appeal i put in papers and on appeal the dro granted 60% for the neck and iu effective 2001 the dated i put in the papers. this decision made any pending appealsf rom 1993 final..

2008 is when i did the cue and found this out that they were still in appeal status.

well the guy told me i was granted 20% for the elbow 1993 that was nice and i can save my houses.

but i did not meet percent from1993-2001 for iu .the bva remand. the med opinion doc stated i could not work from 1993-2001. still denied. going back to bva.

the judge from bva did this on purpose to play with my claim my neck issue was granted on appeal 60% by the dro 2001. it was to now be effective 1993. judge put his decision in granting 10% 1993-2001.

i have iu . this was a informal iu claim found in the record. its a effective dated issues. you dont try to develop it .

so the fight go on. but atl east its movin

[john999]

Maybe you could get a lawyer to help you with this since there is potential 8 year retro. I say this because once they start to play legal games it could go on for years with them bouncing your claim back and forth between RO/BVA and maybe Court of Vet Appeals. Since the 93 claim is final now you may have that CUE, but you know they will delay and fight retro. They will use all the legal tricks. You have TDIU so you can let someone else fight this for you.

John

[Mr cue]

i let some one do the claim 1993 they left it open didnt tell me anything american legion.

did claim 2001 with help of hadit when from 10%-60% iu.

did cue 2008 are learn from hadit now find this out. so dont trust vso much.

oh had to withdraw lawyer try to change my whole cases. told me to withdraw other issues remand and let the court decided.

so i will ride it out they cant keep it up for ever. it out of amc 30days back at bva.

[Berta]

"well the guy told me i was granted 20% for the elbow 1993 that was nice and i can save my houses."

GREAT-you never gave up on that CUE!!!! Congratulations!

"but i did not meet percent from1993-2001 for iu .the bva remand. the med opinion doc stated i could not work from 1993-2001. still denied. going back to bva."

Maybe they need to do an extraschedular consideration at VACO.

Did the med opinion doctor say the IU was solely due to your service connected disabilities?

Yulookin-I just won a CUE with my AO IHD decision, and the period part of it covered was from 1992 to 1994.The other part was from1988 to 1994.

The historic rate charts only go back to 1992 at the main VA web site. It might be worth your while to check their retro on the 10% they awarded for the CUE with those rate charts.

I agree with John to let someone from your POA help you at this point Yulookin-as you sure did a lot of hard work on this already.

The actual decision might reveal if the VA really considered the med opinion that you were IU 1993-2001 and maybe they even ignored that point in the new decision that so that is a good point on appeal.

Yes- the claim is moving at last!~

The decision will help you determine how to word any rebuttal and also what evidence they might have ignored.

When my past claim went to BVA,I sent the BVA additional evidence and info directly to them in DC.

Since neither Buffalo, AMC, or Seattle read any of it for almost 7 years I made sure BVA had the past evidence as well as anything new I had, since the BVA transfer date.

I wonder if the retro would be enough to hold onto some of it to cover the need for any potential IMO on the TDIU.

But hopefully you wont need an IMO for that.

You did GREAT! Persistence pays off. If we can live long enough to see it all out!

I hope this inspires our CUE claimants here at hadit!!!!!!

[Mr cue]

well amc did there job i was grant the 20% for my elbow from 1993. it just doesnt feel great tho even with the retro.

now i posted here about my cue of my first rating from services 1993. granted. 10% for my neck issue and my elbow was denied.

pay 100.00 why i could not work.

2000 i found this site call hadit start lookin at my condition and what other veterans rating were for same issues.

2001 i put in my claim about my neck and other issue got to the dro on appeal. i was grant 60% for the neck issue and granted iu. effective 2001 the date i put in the papers. wow i jump form 10% to iu.

but it made me feel as if they must have did something wrong and was try to get me to go away.

so i learn about the cue claim on hadit and i wait 8 year to do the cue.

did the cue of the 1993 decision it get to the bva and they stated there can not be a cue because these issue are still pending in appeal status and there has never been a appeal decision made.

i was like wow the va left my claim in appeal status for 18 yrs.

here is the bva trick they granted me 10% for neck 1993-2001 and granted elbow from 1993 and remand and informal iu claim found in the record from 1993-2001 i never work.

see how everything stop at 2001 this is were all of this got granted on appeal the dro decision. which granted the 60% for the neck issue and iu.

it has been 3 years to try to get this right. now i am 40% from 1993-2001. 20% for neck and 20% for elbow. got denied for iu because of the rating and med doc has stated i could not work 1993-2001.

this is the problem the bva call the 2001 dro appeal decision and ro decision. because and ro decision can not make the pending appeal from 1993 final. only a appeal decision can.

so they put 10% for 1993-2001 when the 60% should have been granted back till 1993.

how do you remaned and informal claim iu. i already have iu 2001 this is a eed issue.

did all this because the cue should have been granted back to 1993. remeber no appeal decision made.

last thing on everybody dro decision in bold letter it say this is a full granted of all current appeal issue.

so thank for let me vent and the fight is still on

there hope i miss a deadline or paper on top of everything. they have to answer one day for letting and appeal sit for 18 yrs and now granting it.

oh i had a vso back in 1993 they didnt even stay on top of the appeal they file so i dont trust them and i had one in 2001 do you think they told me that my appeal were still pending from 1993 no

i was 21 pay 100.00 why i could not work. i did not no the process so i tho aleast i get to go to va for treatment.

[Mr cue]

well i am now rated 40% from 1993-2001 and got the retro. now my case is back at bva as of the feb 16.

put in the 30 day waier with amc.

ok now lets hope bva look at what they done.

[Berta]

Persistence pays off yulookin-

Good luck at the BVA.

I think the AMC is useless.