ptsd Fully Developed Cue

[SigBnSoldier]

Submitted CUE to Los Angeles RO on 5/6/15.

Evidence included-

7/21/2004 VA Form 21-4138 stating I was homeless with no mailing address at the present time

10/21/2004 Denial Decision letter mailed to address I had told VA I no longer lived at.

01/19/2005 2nd mailing of denial decision letter sent to the same wrong address again. This time RO handwrote in "C/O New Directions" but sent the letter to the same wrong address.

08/31/2004 Social Work Progress Note from VAMC stating place, address and phone number of new address in Santa Barbara I could be located at

11/10/2004 VAMC Los Angeles inpatient progress note stating I was returning to Santa Barbara.

01/19/2005 VAMC Los Angeles discharge summery note stating I was again returning to Santa Barbara Rescue Mission.

21-4138 Stating VA failed to follow proper mailing procedures and did not provide me with appellate rights. That I later, in 2012 won service connection for PTSD with Bipolar Disorder, and that effective date of 4/13/2012 was clear and unmistakable error, as well as the other contentions of that 2003 claim remained appealable.

So folks, do you think I've rebutted the presumption of regularity with this CUE claim?

[SigBnSoldier]

I agree.  I've received 3 copies of my claims file, each time it's different.  

[SigBnSoldier]

So I moved to Pending Case Dispatch today.  Soon I will have an answer for you guys.  If it's denied we're going to CAVC.  By we, I mean my attorney, you guys at hadit and me :)

[SigBnSoldier]

Update-

Having grown tired of my appeal showing Pending Case Dispatch, I decided to call DAV and ask, since they used to be my representatives when this all started if they could give me any info.

The DAV guy was able to see into the appeals system and said the judge had "allowed" 3 contentions.  On my NOD I listed, Lower Back, PTSD with Bipolar, Left Ankle.

That's all the DAV guy could tell me.

I don't want to jump the gun, but I think I may have just won a huge award.  Will update when I do get the letter or official word.

Edited February 5, 2018 by SigBnSoldier