tdiu Tdiu Topic Needs More Opinions

[Berta]

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.

[RUREADY]

must be windows 10 posting double

Edited August 10, 2015 by RUREADY

[RUREADY]

been thinking about this decision because it is much like

mine and could help people. Is there a reason why he cant post

the decision or the reason and basic of this decision? 6 figures

decisions is worth looking at.

[Tbird]

ruready if the veteran wants to post their decision they can as long as they take out personal identification information. they can scan it as a pdf and attach it to the post or retype it in.

[RUREADY]

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

[Limekiln Vet]

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.

 

[Limekiln Vet]

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 August 20, 2015 by Limekiln Vet