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Would This Be Cue?

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Buck52

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  • HadIt.com Elder

If you had a DRO Hearing, and they expedited your claim and was awarded TDIU P&T.

Filed increase 2002 awarded 2003.

but the DRO who wrote in his report he mention that ''they paid you from when you first filed for an increase on your 50% disability in 2002 altho records show you stopped working in 1999...but SSA records show you stopped working in 1996.

Is he referring to the SSA Records? They are the only Administration that keeps employment records correct?

Maybe the statue of limitations preclude from reopening the claim ? if VA has such?

.......Buck

Edited by Buck52
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If VA is aware of SSDI records, that show a SSDI award solely for claimed SC disabilities , that is evidence of TDIU or 100%.SC.

In many cases a SSDI award can generate a favorable EED of one year prior to the filing date of the TDIU claim.

That depends on when the SSDI was awarded and when the TDIU or 100% was granted.

That info and those regulations are available here under a search.

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forgot to add, it could be a CUE ...not enough info here to know.

My husband received two separate SSDI awards...I already rattled that off here many times, as to how that occurred.

100% SC P & T posthumously awarded was based partially on SSDI solely for PTSD.

Prior to that SSDI had awarded solely for a Stroke.

My 2012 CUE award for stroke accrued , under 1151 , had the original SSDI award and subsequent explanation of the SSDI PTSD award as evidence for that CUE.

The CUE was in a 1998 decision, thus :

:

Lack of proper rating and diagnostic codes for the 1151 stroke.

and

Lack of proper accrued payment.

The SSDI issue was a very small part of the CUE award.

I had evidence from VA itself of this 100% P & T disability, which not only contributed to my husband's death ( FTCA-1151 awards) but also , within the med recs, MRIs, etc etc etc and other forms of evidence, should have been rated under 1151 properly in the 1998 decision at 100% P & T.

If VA has possession of , but fails to properly consider SSDI findings, (which in essense are an IMO) they have violated 38 CFR 4.6 and that is a CUE.

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All veterans should understand that there is no time limit or no statute of limitations to filing a CUE. IF and I say IF a veterans can prove VA had evidence in their possession or that VA created a clear and unmistakable error then the veteran can file Cue claim and request a retro correction in his/her disability payments.

The only thing about a CUE claim is that a veteran must specifically state what the Cue claim is about, the error in regulations and facts that VA made.

Edited by pete992
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  • HadIt.com Elder

I mean can a veteran file a cue...if he finds evidence in his award letter years later?

like they paid this veteran from the time he filed for an increase &he was50% rated....he file for increase in 2001 and bases state the reason for the award medical evidence shown the disability has worsen....but it also stated although records show u stopped working in 1999 we grant your award from the date you files for increase....2001...filed increase from 50% in 2001 awarded claim in 2002 1 year rerto

And the Veterans SSA employment records show he stopped working in 1996.

would this be a cue on the va?

So I'm thinking he is missing out on 5 years retro?

.............Buck

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  • HadIt.com Elder

The VA doesn't go back to when you started receiving SSDI. The VA goes from the date the claim was filed. In the case of an increase, they can go back one year prior to the date of the requested increase, if the evidence shows the disability increased then, or before then.

pr

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  • HadIt.com Elder

okay got it!

Thanks Everyone! Ms Berta Pete Phillip.

...........Buck

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