Jump to content
  • Searches Community Forums, Blog and more

  • 0
Hollis

Big Question On A Cue

Question

I just back from my VSO, I was with him for about 11/2 hours. We found several mistakes the VA has made over the passed several years. UPDATE: in 1984 I was denied SC for hearing loss and tinitus, they just sent me the letter saying I was denied. I being young and dumb at the time said the hell with it. In 2009 I asked that my claim be reopen and it was. I had to jump thru the loops to prove my nexus. MY SMR shows I had slight hearing loss when I went into the service and that was the reason I was denied. I also was never given a C&P, I have documentation from memos from inside the VA to cancell my C&P. I have filed a cue and NOD 2-3 times. still they are said it was preexisting. But the kicker, they grated me my SC based on the that it was agaggravated due to my time in service. My ETS physical shows that my hearing was pencil in showing all "0" (better than super man) in all areas. So I have my SMR show slight hearing going in and granted SC for aggravation and exiting the service showing I have great hearing .My VSO said I might want to send this thru one of my SENATORS OR REPRESENTATIVES, however he warned me that the VA might retaliate and not grant me my TDIU if I show how wrong and flawed the were, and EMbarrassed them in A congressional investigation.. BTW one of my senator in on the veteran affairs board. So my question is, and I only asking for opinions here, should I file this with my senator that sits on the VA board or just hope I can get TDUI. I know the back pay would be large, vs. THE MONTHY CHECK of 100%. I know it all would be nice, and the money is seconary right now, I just want justis.

Thanks,

Hollis

Dog Handler 38th sdp

Share this post


Link to post
Share on other sites

Recommended Posts

Get TDIU and then go after retro and filing a CUE.

Share this post


Link to post
Share on other sites

Ad

Stick with you IU claim for now.

You may or may not have a CUE, keep in mind that CUE's

apply to the law's and regs in effect at the time the CUE was or

was not made.

Also, you posted this possible CUE was made on a Rating Decision (RD)

in 1984, for Hearing Loss and Tinnitus.

Are you aware that a CUE has to be worded and filed with specificity

and very clearly.

Also, absolutely no medical evidence or that is dated after the 1984

can be considered in a CUE, only the evidence and laws at the time

the CUE was made.

Share this post


Link to post
Share on other sites

Ok I will hold off for now. I have a year to file NOD. But I think the AO and TDIU will come way after that , so that would make it moot. But there is no gurantee that I will get TDIU and then the appeal date would have passed. But as alwys, I put my trust in here as there are some very smart veterans here. thanks

Share this post


Link to post
Share on other sites

."My VSO said I might want to send this thru one of my SENATORS OR
REPRESENTATIVES, however he warned me that the VA might retaliate and
not grant me my TDIU if I show how wrong and flawed the were,
and EMbarrassed them in A congressional investigation.. "

It is EVIDENCE that makes claims succeed.

I have been an outspoken critic of the VA for almost 20 years. One case I had took 6 years and the other one took 8 years.

It wasnt a question of evidence so maybe they did retaliate against me...I dont care..... I got the Cash anyhow.

"BTW one of my
senator in on the veteran affairs board. So my question is, and I only
asking for opinions here, should I file this with my senator that sits
on the VA board or just hope I can get TDUI. I know the back pay would
be large, vs. THE MONTHY CHECK of 100%. I know it all would be nice, and
the money is seconary right now, I just want justis"

You applied for TDIU. When you got the 70% VA determined in tat decision that you were not eligible for TDIU.

If you have evidence that overcomes their rationale at that time of TDIU, you will succeed in your TDIU claim.

I knew Bob Filner when he was Chair of the H VAC because I talked to him many times via old SVR radio shows I did with Jerrel Cook.

I wrote to him of an error the VA was continually making on my claim and asked what I could do.

The CHairman of the BVA wrote back to me.

Basically the error was noted by the BVA but they awarded anyhow.

The award I got had nothing to do with H VAC CHairman Filner's letter to the BVA.

The award came from my probative evidence.

Congressman/women and Senators cannot make a claim succeed. only evidence does that.

I love CUE claims but dont get your point.

A CUE has to have a manifested altered outcome, meaning they rated you wrong when they gave you a Zero SC %.

Carlie gave you the exact nitty gritty.

John is right too!~

Sorry Hollis I forgot........What is your AO claim for?

Is it a Nehmer claim under the 3 new presumptives?

Edited by Berta

Share this post


Link to post
Share on other sites

Morning Berta, my CUE is on my hearing. I filed for a claim on my hearing back in 84. I was never given a C&P, I was just denied. But since I have gotten my SMR, I have found things to support my CUE. My AO is on IHD CAD, and with that I filed for TDIU. I know you are very knowledgeable in this area, and I trust your thoughts and suggestions. Man I would love fo you to look over this for me.

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

  • Our picks

    • Sleep apnea- does the DBQ cover the "medically necessary/required" language?
      Hey everybody! Long time lurker, first time poster.

      My question is regarding the sleep apnea language that specifies that a prescription of a breathing assistance device is "medically necessary" for a 50% rating:

      Assuming that a vet is already prescribed a CPAP/APAP by the VA, does the sleep apnea DBQ portion under 2B "IS CONTINUOUS MEDICATION REQUIRED FOR CONTROL OF A SLEEP DISORDER CONDITION?" fulfill that language requirement?
      • 28 replies
    • VBA testimony and GAO report-C & P examiners
      As you all know, C & P exam results control almost all types of claims. VA employees have no choice but to go along with a negative C & P exam that will deny a claim. Some vets are quite willing to rebutt faulty exams and ask for a new C & P exam. For others, it will take a costly IMO/IME in most cases. Ben Krause has this article at his site today: http://tinyurl.com/y9co6zac
      • 9 replies
    • Lumbosacral Strain and Vertebrae fractures caused by osteopenia
      Hi.  I have a couple questions and welcome all recommendations for my disability claim.  I am currently 10% disabled for lumbosacral strain and deferred decision for this and vertebrae fractures caused by osteopenia.  I had a MRI February 2018 and results include moderate compression fracture of L1, mild to moderate compression fracture of L2, moderate to severe compression fracture of L3, mild compression fracture of T11.  Additionally, L3 moderate spinal canal stenosis, L2 mild to moderate retropulsion with mild spinal canal stenosis, multilevel degenerative changes, multilevel disc bulges, disc herniations, L1-L2 mild broad-based disc bulge with mild spinal canal stenosis, L2-L3 mild broad based disc bulge with mild to moderate spinal canal stenosis,  L3-L4 mild to moderate broad based disc bulge and severe bilateral neuroforaminal narrowing.   I have read that these malfunctions should have been claimed individually.  Will the VA evaluate/rate each condition separately?  If not, I may have to appeal or submit a new claim.  What are some thoughts and suggestions.  Do these disabilities belong in the lumbosacral strain or the vertebrae fractures caused by osteopenia.  I am totally in the dark on this stuff.  I am pretty sure no diagnosis codes have been assigned.  What can I do to support my claim?  HELP!!!!!
      • 2 replies
    • Ignore Members Who Annoy You - How To
      How To Ignore Members Who Annoy You

      I'd love it if we all got along, no one had a bad day and everyone respected each other however, living in the real world it just doesn't work that way.

      If you find a member adds no value to your knowledge on a topic hover over their name and then choose Ignore User. You cannot ignore moderators and admins but you can ignore others.

      Thousands of veterans have come here for over 20 years to find answers and support. I wish we could help each and every veteran, but some we cannot. Sometimes folks just rub each other the wrong way and that is where the Ignore User feature comes in. Ignore the user and move on...
      • 1 reply
    • Ignore Members Who Annoy You - How To
      How To Ignore Members Who Annoy You

      I'd love it if we all got along, no one had a bad day and everyone respected each other however, living in the real world it just doesn't work that way.

      If you find a member adds no value to your knowledge on a topic hover over their name and then choose Ignore User. You cannot ignore moderators and admins but you can ignore others.

      Thousands of veterans have come here for over 20 years to find answers and support. I wish we could help each and every veteran, but some we cannot. Sometimes folks just rub each other the wrong way and that is where the Ignore User feature comes in. Ignore the user and move on...
      • 1 reply
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Our picks

    • Sleep apnea- does the DBQ cover the "medically necessary/required" language?
      Hey everybody! Long time lurker, first time poster.

      My question is regarding the sleep apnea language that specifies that a prescription of a breathing assistance device is "medically necessary" for a 50% rating:

      Assuming that a vet is already prescribed a CPAP/APAP by the VA, does the sleep apnea DBQ portion under 2B "IS CONTINUOUS MEDICATION REQUIRED FOR CONTROL OF A SLEEP DISORDER CONDITION?" fulfill that language requirement?
      • 28 replies
    • VBA testimony and GAO report-C & P examiners
      As you all know, C & P exam results control almost all types of claims. VA employees have no choice but to go along with a negative C & P exam that will deny a claim. Some vets are quite willing to rebutt faulty exams and ask for a new C & P exam. For others, it will take a costly IMO/IME in most cases. Ben Krause has this article at his site today: http://tinyurl.com/y9co6zac
      • 9 replies
    • Lumbosacral Strain and Vertebrae fractures caused by osteopenia
      Hi.  I have a couple questions and welcome all recommendations for my disability claim.  I am currently 10% disabled for lumbosacral strain and deferred decision for this and vertebrae fractures caused by osteopenia.  I had a MRI February 2018 and results include moderate compression fracture of L1, mild to moderate compression fracture of L2, moderate to severe compression fracture of L3, mild compression fracture of T11.  Additionally, L3 moderate spinal canal stenosis, L2 mild to moderate retropulsion with mild spinal canal stenosis, multilevel degenerative changes, multilevel disc bulges, disc herniations, L1-L2 mild broad-based disc bulge with mild spinal canal stenosis, L2-L3 mild broad based disc bulge with mild to moderate spinal canal stenosis,  L3-L4 mild to moderate broad based disc bulge and severe bilateral neuroforaminal narrowing.   I have read that these malfunctions should have been claimed individually.  Will the VA evaluate/rate each condition separately?  If not, I may have to appeal or submit a new claim.  What are some thoughts and suggestions.  Do these disabilities belong in the lumbosacral strain or the vertebrae fractures caused by osteopenia.  I am totally in the dark on this stuff.  I am pretty sure no diagnosis codes have been assigned.  What can I do to support my claim?  HELP!!!!!
      • 2 replies
    • Ignore Members Who Annoy You - How To
      How To Ignore Members Who Annoy You

      I'd love it if we all got along, no one had a bad day and everyone respected each other however, living in the real world it just doesn't work that way.

      If you find a member adds no value to your knowledge on a topic hover over their name and then choose Ignore User. You cannot ignore moderators and admins but you can ignore others.

      Thousands of veterans have come here for over 20 years to find answers and support. I wish we could help each and every veteran, but some we cannot. Sometimes folks just rub each other the wrong way and that is where the Ignore User feature comes in. Ignore the user and move on...
      • 1 reply
    • Ignore Members Who Annoy You - How To
      How To Ignore Members Who Annoy You

      I'd love it if we all got along, no one had a bad day and everyone respected each other however, living in the real world it just doesn't work that way.

      If you find a member adds no value to your knowledge on a topic hover over their name and then choose Ignore User. You cannot ignore moderators and admins but you can ignore others.

      Thousands of veterans have come here for over 20 years to find answers and support. I wish we could help each and every veteran, but some we cannot. Sometimes folks just rub each other the wrong way and that is where the Ignore User feature comes in. Ignore the user and move on...
      • 1 reply
  • 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
     
  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • 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

×

Important Information

{terms] and Guidelines