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Berta

Tdiu Topic Needs More Opinions

Question

I hiope others chime in here on this one.....from the TDIU forum.

I have read the VA FL 13-13 full of VA double talk and still cannot believe how they are handling this vet's claim. ....if they even used the Fast Letter..

because either I am going nuts or their incompetence in this decision has raised to a level far beyond most of the usual stupid VA stuff I see.

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thanks Tbird, VA does a lot of illegal tactic to veteran but

one thing they do well is they will call a cue only if one has been

made. I help a veteran get his benefits with over quarter million retro

didn't even know their was a CUE made until we got the decision and it was

because the claims we file had already been file years ago. Thanks RU

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Sorry everyone, I was not receiving notifications that anyone responded to this post.  The key part of the CUE that was acted upon was this:

"4. In my December 17, 2012 post-determination letter, which assigned the 30% rating for AS, it states "A higher evaluation can be granted under the provisions of 38 CFR 3.321(b)(1); however, a review of all the evidence received did not disclose any unusual or exceptional circumstances, such as those involving marked interference with employment or frequent periods of hospitalization, so as to render the application of the regular schedular standards impractical and warrant consideration of an extra-schedular evaluation by the Director, Compensation and Pension Service."

At the time of the receipt of that award letter, the VA had all the information of my SSDI award from 2002, and the information about my LTD claim, both of which were successful approved applications for disability benefits based solely on AS, and as probative should have been considered as evidence. I did not get to the 70% level until many months later when they settled the skin condition issues subsequent to the remand by the VBA, but that 70% level was retroactive to December 2008.

I believe the SSDI benefits evidence alone should have triggered a more thorough process into whether I might qualify for IU. For the VA to have stated back in December of 2012 in the award letter that there was no "marked interference with employment..." is preposterous. A case for that conclusion is well founded based on their now "forwarding" the claim for extra schedular consideration with no additional evidence having been submitted since the Dec. 2012 decision, other than an application having been made for IU."

<end quote>

I think the logic speaks for itself.  After this CUE, back in September of 2014 I did receive the 100% schedular rating, but that was such good news I completely forgot about the CUE.  Then as I mentioned in an earlier post, out of the blue they changed that decision to 80%, paid as 100%, retroactive to December of 2008, which I assume was due to the CUE, along with my application for SAH from April of 2015.  And that resulted in my six figure retro.  I will post the pertinent parts of that decision shortly.

 

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Here is the decision; actually this is the first time I really have read it.  It begins by exclaiming that it is about my claim for service connected compensation received on April 17, 2015, but that was merely the date of an SAH claim I initiated online via Ebenefits.  I certainly do not want to disagree with it!  But it is odd that the CUE resulted in the loss of my 100% compensation for AS, and a reassigned benefit of 40%.  It appears that was the only way they could qualify me for the "two or more service-connected" disability threshold to meet the IU requirements, since previously I had 30% for AS and 50% for a skin condition.  And because I did not have the 40% criteria for the condition that rendered me IU, I did not qualify.

It is almost like they had to do that in order to make the decision retroactive to December of 2008.  Maybe this post might help some other Vet to understand the workings of the VA, I just hope they never ever look at my decision again. :)

Edited by Limekiln Vet

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I should add that I also received 3 retro payments previous to this one when I at first got a 30% benefit, then 70% and then the first 100% benefit, and they totaled over 6 figures as well.  When I first started this back in December of 2008 and was denied benefits (except for a 0%), my wife said just give it up, it is going no where.  We would be just hoping for things we will never get (she said) But I did appeal thinking I had nothing to lose, so I am here to say don't ever give up!!!!

Edited by Limekiln Vet

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I should add that I also received 3 retro payments previous to this one when I at first got a 30% benefit, then 70% and then the first 100% benefit, and they totaled over 6 figures as well.  When I first started this back in December of 2008 and was denied benefits (except for a 0%), my wife said just give it up, it is going no where.  We would be just hoping for things we will never get (she said) But I did appeal thinking I had nothing to lose, so I am here to say don't ever give up!!!!

Thanks brother for sharing with us. So you started in 2008 with the claim

you were getting SSA in 2008 for a sc disability correct? So the CUE was

they had you rated 100% for AS of entire spine, but you had AS of the

cervical spine only and not the entire spine than that was a CUE should have

been rated va says 40%. The cue didn't get the retro looks like the SSA decision

and being house bound and not being able to work could have did it and they paid you

from the time you file claim which was 2008 you kept appealing the claim and finally

won and that's what count you won. My claim is very similar to your just hope I get the

same results some dam day. In this case cue your self work the other way

a reduction in % but it didn't hurt  your pay you still got what you wanted.

Thanks a lot RU

Edited by RUREADY
to add

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