Would This Be Considered A Cue?

[K9MAL]

I followed my VSO's advice in 2002 and didn't file a NOD, due to not wanting the VA to lower my ratings, as he suggested would happen. Fast forward to today and the 2 issues that were denied then were approved this last go around, 12 years later.

If both issues, tinnitus and left knee, are considered to be a CUE then it would bump my old rating of 60% to 70% and the backpay would be greater than $40k. So, I'm very interested in finding out if I should file for a CUE or if the issue is dead in the water.

This is the original decision letter for both issues.

[K9MAL]

Any ideas on how to word the NOD? I'm drawing a blank...

"I disagree with the VA Regional Office decision dated Feb. 27, 2014 and would like to appeal the effective date of award for both tinnitus and left knee patellofemoral syndrome."

[carlie]

Any ideas on how to word the NOD? I'm drawing a blank...

"I disagree with the VA Regional Office decision dated Feb. 27, 2014 and would like to appeal the effective date of award for both tinnitus and left knee patellofemoral syndrome."

Personally, I would add as short and concise as possible exactly,

what law or reg is applicable to warrant you an earlier effective date/s.

[broncovet]

Remember, on your nod to specify whether you want a DRO review/hearing. If you dont do that, it will set your claim back a few more months, as they are supposed to write you and ask if you want a DRO review or hearing. Best is to make that decision and include it in your NOD.

It is a very good idea to do an excellent job on your Nod or Cue. Look up the criteria for PTSD, and the other issues. Look up your records. Show them how you were rated lower, when the criteria suggests a higher rating. This will take you some time, but I think it will be worth your effort, remind you that Proper Preperation Prevents Poor Perfomance.

Yes, you can do a one or two sentence NOD...disputing decision date and asking for DRO review. But, I think its better to show them RIGHT IN THE NOD, EXACTLY why you feel entitled to an earlier date. They dont care you need an eed to put in a swimming pool or go to disney world. Instead, show them how your symptoms more closely fit the higher percentage criteria.

One reason: The va tends to lose evidence. If you include it in the NOD, they cant say they lost THAT evidence, if your appeal is moving forward.

Edited November 3, 2014 by broncovet

[carlie]

Yes - the a copy of the actual exam itself and all of it.

What was discussed in your denial for Tinnitus was not exactly

and all of what was stated on that examination report.

Do you have a full and complete copy of your SMR's ?

If yes, any complaints of Tinnitus in there ?

You have to see and understand ALL of the evidence that was OR was not

factored into your original denial.

You can request an appointment to view your claims file at your VARO.

Find it in your file and ask them to make you a copy.

jmho

The reason for my post above is

1) it relates to the question of a possible submission for CUE.

2) did the decision maker change the wording of the actual findings,

if yes - this could be your CUE (misapplication of ) for the denial of Tinnitus.

jmho

[K9MAL]

The reason for my post above is

1) it relates to the question of a possible submission for CUE.

2) did the decision maker change the wording of the actual findings,

if yes - this could be your CUE (misapplication of ) for the denial of Tinnitus.

jmho

I need to get my C file to determine this... But, my NOD timeframe runs out in February and I doubt I can get it by then. So, would that mean the only route feasible is a CUE if they did in fact screw up on the original determination? I think it may be lawyer time with this one.

Thank you again to everyone!

[broncovet]

File the NOD now...you can submit more evidence after you get your c file. Altho its better to have your c file available, if that is not possible just be careful not to say anything wrong that can be used against you. For example if you dont know the date of something dont say it was in June 1994 in one document and then remember it was in the winter in another document and say it happened in Dec. 1993. They will nail you on that. If you are not sure of the date, then say nothing. Remember that anything you say can and will be used against you. They dont like it at all when you guess a date and then remember it was another date, so dont guess.

CUE No time limit.

NOD..Must be within a year.

Edited November 5, 2014 by broncovet