ptsd Stall On Claim

[vetswifeIndy]

So I sent a email to my husband's VSO yesterday asking him to look into why our claim of 24 mos. is at a stand still, and with a special status of "need more time to review your claim".

Hear back from him this morning with, "not sure why your claim is slow, has something to do with your PTSD claim".

Ok so I wonder, how does he know it has to do with the PTSD claim, and not know what it is???

This is AL out of Indy office.

Anyone had dealing with this office before?

Thanks all for your service,

VetswifeIndy

[broncovet]

71

Im not sure what you mean by a "Clear and Unmistakable for a reopen". These are seperate. You can win an EED with CUE, you can also sometimes "reopen" with N ew and material evidence in 38 CFR 3.156 b and c.

3.156 c allows the Veteran to reopen based on new service medical records that were lost then found.

3.156 b is more gear towards reopening.

http://cfr.vlex.com/vid/3-156-new-and-material-evidence-19776250

The NVLSP's take on effective dates is here:

http://www.purpleheart.org/ServiceProgram/Training2011/W-2%20Common%20VA%20Effective%20Date%20ErrorsL.pdf

This was "pinned" and should be read and studied by anyone seeking an earlier effective date.

[broncovet]

As far as Clear and Unmistake Error goes, you need to understand:

1. CUE is a "standard of review" of the highest order. You should never seek "CUE" when there are other means available, such as timely appeals.

I often hear people mention "CUE" in a decision that still can be appealed. You should only seek CUE when you did not appeal the decision within a year AND the other methods, described in the NVLSP link, do not work. Cue is a last resort only, not your "first line of appeal".

[71M10]

Bronco,

I was reacting to your post indicating: "the VA pretty much automatically denies 85% of first time claimants. If the Veteran does not protest by filing a NOD within a year, he is forever barred from obtaining these benefits absent a clear and unmistakable error."

In retrospect, I think it is a phrasing issue. You will be barred from collecting from the date of the first filing, unless you have clear and unmistakeable error.

Best regards,

[john999]

Read Cushman vs Shinseki to see how hard a CUE can be to get by the CAVC. Cushman has been waiting 30-40 years for a decent ruling on a series of claims that involve VA misconduct.