What To Write/submit For Cue Inferred Claim

[autumn]

Seeking help in what to write to send in claim for CUE/EED due to "inferred claim".

i meet these numbered items from the list in link below:

#4. Informal/Inferred Claims can lead to an EED.

#7. When Vet applies within a year of discharge.

:filed the month i was discharged

#8. Clear, Unmistakable Error can lead to an EED.

:have IMO detailing this

#3.157 visit to the clinic can establish the claim effective date

:true for me, plus i have C&P from that pereiod stating "severe chronic disese..." that VARO ignored.

:evidence from mil med records VARO ignored

:errors from navy PEB ignoring medical evidence

I don't get a response from VSO when i presented this to them so i figure i'll need to file myself.

I don't know what form, and what to write or not write when submitting claim for CUE substantiated by at least the above items i listed. looking for advice on this...

[autumn]

Here is an examle of what I would consider a very good inferred claim for TDIU: A vet is rated 70% for PTSD and is on SSDI for the same condition. The VA has the vet's SSDI records showing the vet can't work. The VA should infer TDIU.

Here is an example where the VA should also infer TDIU: The vet is rated by the VA as 50% for PTSD and the vet is also on SSDI for PTSD and the VA knows it. The VA should infer TDIU

Another example is that a vet is rated 30% for PTSD and requests an increase and has an IMO from a psychiatrist that states the vet is unable to work and that his PTSD has gotten worse in recent months. The vet is currently unemployed. The VA should schedule a C&P exam and also consider TDIU. The VA should not dismiss the TDIU case just because the vet has not met the schedular requirement that they, the VA, made up out of thin air by ignoring 4.16b.

I know the VA has many claims where vets have met 4.16b for many years and the VA has not awarded TDIU. I think this is an error, but a vet will have a hard time proving it unless he/she can show the VA knew the vet was unemployable and yet refused to infer TDIU.

pva recently put in for tdiu and is using my 100% ssdi stuff. va recently raised my percentage to 90% though they are in process of rating two other recent c&p's to see if that will add to the recent 90%. of course, only now is VA looking at ssd and stuff because pva is pushing it.

beats me if pva will/can get an inferred tdiu

[john999]

Your TDIU claim with 90% and SSDI is pretty much a slam dunk. You might get 100% if your other disabilites add up to 50% on their own. That would give you 95% rounded up to 100%. If you want to go back in time and say the VA should have inferred TDIU when you got SSDI that would depend on other factors including if your claim became final at any time. This is for a CUE.

[autumn]

Your TDIU claim with 90% and SSDI is pretty much a slam dunk. You might get 100% if your other disabilites add up to 50% on their own. That would give you 95% rounded up to 100%. If you want to go back in time and say the VA should have inferred TDIU when you got SSDI that would depend on other factors including if your claim became final at any time. This is for a CUE.

those words, "...if your claim became final at any time...". i'm a bit fuzzy on that. there were a few "closed claims" in past and as recent as 2010. the 2010 closed without RO taking into consideration MS secondary conditions, which we know is supposed to be a mandate. anyways, PVA resubmitted to open claim for secondary issues, late 2010 dec, i think. the 90% recently was due to MS secondary issues and the two recent C&P's are for spinal injury increase and the MS secondary issue "major depression". beats me how RO will rate those two. i was already SC'd fro major depression, secondary to chronic pain. now since they admit/agree i have this MS stuff, major depression gets lumped into that and has to be re-rated.

don't want to confuse us all, i'm too confused at times as it is. a sentence or two on the "claim becoming final" would be appreciated in simple terms please. thanks