tdiu Cue Or Re-Open

[x020574]

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%

[63SIERRA]

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:-)

I recall during the second iraq invasion a newscrew was interviewing an Iraqi official in the outskirts of baghdad, and he was denying that any coalition forces had reached baghdad. Shortly after he stated there were no forces in baghdad, a A1 Abrams tank was seen rolling by in the background with a US flag hanging off the back of it !!!. haha I will never forget that.

[meghp0405]

when you uploaded your documentation and submitted it over the ebenfits web sit, did you receive a conformation number? You should have. Any time VA receives a document through this procedure they send a conformation #

If you received a number, send them a VA FM 21-4138, tell them the date you sent the VA FM 21-8940 and provide the number you received.

If you did not receive a #, chances are extremely high that VA never received the document in question. If you have no conformation #, I would just complete the VA FM 21-8940 and send it in through the mail return receipt requested.

[x020574]

Just wanted to let you know I was able to get this resolved, I got the BBE on Sat and I am now 100% TPIU. And they did accept my proof of my eBennies print screen of the logging of activities. They awarded me the effective date of Jul/2013(the day I uploaded my application). They even gave me a little extra by granting me SMC-S (housebound).

Between SSDI and VA 100% comp I can sleep a little better.

I do have a Story and then a Question:

Story part:

I recently learned I have a illness with called Paroxysmal nocturnal hemoglobinuria (PNH)it is a rare disease in which red blood cells break down earlier than normal. I have read that benzene can cause these types of symptoms. I was a Jet Engine Mechanic from 1970-74 so I had 4 yrs of exposure to this stuff - but can it rear it's ugly head 40 years later? We use to use a cleaning solution (I don't recall the name but it was P-something). We used it in-shop to clean grease and carbon from internal engine parts. Being young and stupid, we used to joke about how it gave us a buzz.

Also a concern was my extensive exposure to jet engine JP4 fumes. When in -shop maintenance was performed (we actually took J75 Pratt-Whitney engines apart, inspected and rebuilt) There were days when one would get drench with JP4 when underneath and dropping a fuel pump.

Question part:

I was 90% scheduler and recently got TDIU 100%. I would consider putting in a claim for this if I thought it would fly... what do you think my chances would be? It's not about the money, it's more I'm concerned about what I can provide for my wife if I were to pass on as a result of one of my illness. I used to think it will be the IHD that will take me someday and that I am SC for, but now PNH can get nasty fast and that I am not SC for.

Lastly, thank you all that respond to my CUE/NOD for IU.

[71M10]

Good to here you initial problem has resolved, congratulations!

I often feel conflicted about congratulating someone on the fact that the VA has finally more completely recognized the damage that the US government has done to their body or mind. I know I would gladly return my compensation to the VA if they could restore my health and stop the unrelenting pain and I think many on this site feel the same.

As for the JP exposure, not my cup of carcinogens, but there are some here on the board that can provide some really good information.

You might want to start a new thread with JP4 benzine exposure in the subject.

Best regards,

[Berta]

GREAT! I replied somewhere else today on your recent question.........

SMC S for HB is great but SMC S for the Paroxysmal nocturnal hemoglobinuria would have been better......I posted that info before I read this post.

I would definitely still claim the PNH if I were you to try to get that SC rating even if it does not impact the comp you will get now.