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HadIt.com Anniversary 24 years on Jan 20, 2021
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Cue Or Re-Open


I had a claim finalized in Oct/2013 was awarded 90% (was 10%). I had also file for TDIU and was denied stating they did not receive an application. This is not correct, I submitted an application online via the claims upload feature. I can show the dates of the upload, it was indicated to be succesfully upload.

I can verify this in eBennies by reviewing the "My Activity" option. They had it one file, elctronically but never reviewed it. I hope I don't have to wait another year or two to get this resolved. If they denied me because I was not eligable I could accept that but to deny me for not submitting an application is wrong!

Which would get a quicker response, a request to reopen or CUE? (if I even have a QUE)

I have called my VSO office, but never get a live person, messages go unanswered.

10% Tinnitus, 10% DM II, 60% IHD, 70% Mental Health - 90%

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Berta, I agree that a Veteran can at any time point out the the VA that they have commited a Clear and Unmistakable Error. However, I don't believe they gain any different treatment/proccess by claiming CUE, unless it is a psychological reaction to the term. My understanding (could be wrong), is that CUE has no legal meaning to the VA until it was associated with a final decision.

I would suggest that correspondence received from you gets a lot of attention, since you have repeatedly thrashed the VA at all levels. I imagine it ellicits a reaction similar to what the Iraqi Republican Guard had when Saddam Hussain indicated the US infidels were attacking again:-)

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  • HadIt.com Elder

Z1M10......that was an interesting comment........!!!!

and I think you are right.

For some reason, my RO not only gave my husband a hard time with his claims but they have done that to me for almost 20 years now, as his widow ,and even tried to screw around with my veteran daughter's Chapter 35 eligibility.

I have never received a proper VA articulate decision right off the bat from my VARO and when I got that Ludicrous AO IHD death denial in 2011, my patience with VA was completely destroyed.

In my vast amount of files re: VAOLA, I have documented proof in many decisions, that not only was my evidence completely ignored, but that those decisions reflect either VA illiteracy or down right laziness ,and most importantly , many reflect very poor knowledge of basic VA 101.

The best weapon we have is 38 CFR itself sometimes.

VA isn't really the enemy of veterans and their survivors ....Time is.

If the VA ever has a situation like Shreddergate again, that will be the time for me to give H VAC testimony again and I will be delighted to use ,as evidence, many of my actual RO initial decisions ,to prove how fubared the claims system is.......

I am sure not an isolated case and I don't think the VA discriminates against us widows at all....they treat many of us the same way they treat you veterans....and it is an absolute National Disgrace.

"The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional to how they perceive how the veterans of earlier wars were treated and appreciated by their nation."

George Washington

Edited by Berta
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I had a claim finalized in Oct/2013 was awarded 90% (was 10%). I had also file for TDIU and was denied stating they did not receive an application. This is not correct, I submitted an application online via the claims upload feature. I can show the dates of the upload, it was indicated to be succesfully upload.

I can verify this in eBennies by reviewing the "My Activity" option. They had it one file, elctronically but never reviewed it. I hope I don't have to wait another year or two to get this resolved. If they denied me because I was not eligable I could accept that but to deny me for not submitting an application is wrong!

Which would get a quicker response, a request to reopen or CUE? (if I even have a QUE)

I have called my VSO office, but never get a live person, messages go unanswered.

10% Tinnitus, 10% DM II, 60% IHD, 70% Mental Health - 90%

Please post exactly what and all that is stated in the decision, in regards to TDIU.

Also, check the evidence section of your RD to see if the IU form is listed

in there.

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Please post exactly what and all that is stated in the decision, in regards to TDIU.

Also, check the evidence section of your RD to see if the IU form is listed

in there.

The TDIU Form 21-8940 is not listed on the list of Evidence, nor anything else regarding TDIU..

I also has be granted SSDI last month, I did not forward that letter to the RO yet.

6. Entitlement to individual unemployability.

Entitlement to individual unemployability is denied because the claimant has not been found

unable to secure or follow a substantially gainful occupation as a result of service connected

disabilities. The veteran is considered capable of gainful employment. {38 CFR 4.16}

We sent you a letter dated July 2,2013 requesting you to complete and return VA Form 21-8940,

Veteran's Application for Increased Compensation Based on Unemployability. To date we have

not received this form.

A review of VA Form 21-413 8, Statement in Support of Claim, dated September 9, 2012 shows

that you are currently employed part time «20 hrs week). You feel you are underemployed

but attribute this primarily due to the issues you have with his hearing loss and depression. The

only impact on employment shown on V A examination was that attributed to your now service

connected coronary artery disease. Restrictions on labor requiring long walking, standing,

climbing, and! or carrying weight of greater than 15 Ibs are not an impact on your current job as a

database program analyst.

Marginal employment shall not be considered substantially gainful employment. For purposes

of this section, marginal employment generally shall be deemed to exist when a veteran's earned

annual income does not exceed the amount established by the U.S. Department of Commerce,

Bureau of the Census, as the poverty threshold for one person. Marginal employment may also

be held to exist, on a facts found basis. Because we have not recieved VA Form 21-8940, we

cannot determine if your current employment is considered substantially gainful.

ALSO... They listed the following on decision letter for my MH staus, taken from physc C&P exam, but apparently it was not considered? Wouldn't this sound unemployable?

We have assigned a 70 percent evaluation for your major depressive disorder (claimed as

depression) based on:

  • Difficulty in adapting to work
  • Near-continuous panic affecting the ability to function independently, appropriately and


  • Difficulty in adapting to stressful circumstances
  • Near-continuous depression affecting the ability to function independently, appropriately and


  • Difficulty in adapting to a worklike setting
  • Disturbances of motivation and mood
  • Flattened affect
  • Difficulty in understanding complex commands
  • Difficulty in establishing and maintaining effective work and social relationships
  • Forgetting directions
  • Forgetting recent events
  • Forgetting names
  • Depressed mood
  • Mild memory loss
  • Anxiety
  • Occupational and social impairment with occasional decrease in work efficiency and

    intermittent periods of inability to perform occupational tasks (although generally functioning

    satisfactorily, with routine behavior, self-care, and conversation normal)

The examiner's assessment of your current mental functioning, which is partially reflected in

your Global Assessment of Function score found below.

Your Global Assessment of Function (GAF) score is 53. A range of 51-60 indicates moderate

symptoms; or any moderate difficulty in social, occupational, or school functioning.

The overall evidentiary record shows that the severity of your disability most closely

approximates the criteria for a 70 percent disability evaluation.

A higher evaluation of 100 percent is not warranted unless the evidence shows total occupational

and social impairment, due to such symptoms as:

  • gross impairment in thought processes or communication
  • persistent delusions or hallucinations
  • grossly inappropriate behavior
  • persistent danger of hurting self or others
  • intermittent inability to perform activities of daily living (including maintenance of minimal

    personal hygiene)

• disorientation to time or place

Edited by x020574
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