New Cue

[jfrei]

So I have no idea whats going on with my DRO review elected hearing. Yesterday I received a call stating my DRO hearing is awaiting scheduling could take 30 days. I was happy Dro review was moving then I look on ebenefits and it says a new claim CUE TBI was opened on 12/29/2014 not me or my attorney did such a thing but it says its preparation of a decision. So this new CUE claim is pretty much the reason why I elected a DRO review which the lady on the phone said she has never seen both things going at the same time. but how can their be a decision without the hearing on the claim if there hasn't been a hearing with the dro review. Oh jesus Ive gone crossed eyed typing this!! BERTA help ???!!!

[broncovet]

Well, we dont know what is going on with your claim. What does ebenefits say?

If you submitted "new evidence" then that requires VA to submit a SSOC, normally done by a DRO. Maybe that is what is happening, tho I can not be sure.

[jfrei]

Wow that might be It we sent the cars recall in on Dec 29 for them to review weird it just showed up yesterday submitted in Dec, was just called this late my Hearing is scheduled for August 20 at 9AM

Edited July 17, 2015 by jfrei

[Berta]

Did VA in any past decision or the recent denial, rate you as NSC for a head injury?

If so what diagnostic code did they use?

As your lawyer knows a CUE is only valid if the medical evidence,.established at time of decision the CUE was filed on, revealed a condition ratable of at least at ten percent.

If the VA should have listed and rated the head injury, but didnt , that also would be a different type of CUE.

The LOD is binding on the VA. If the LOD does not state anything that would lead to a finding of "willful misconduct" the VA cannot manipulate the LOD into saying something that is not there.

Who is your lawyer?

"Wow that might be It we sent the cars recall in on Dec 29 for them to review weird it just showed up yesterday submitted in Dec,"

YES, that might have changed everything for you.

Thanks for explaining that it was the ignition switch that caused the accident...now I get it.....

Has VA treated you (or any private doctor) for residuals of this accident due to the head injury?

[Navy04]

Berta is on the money bud

[jfrei]

Did VA in any past decision or the recent denial, rate you as NSC for a head injury?

If so what diagnostic code did they use?

As your lawyer knows a CUE is only valid if the medical evidence,.established at time of decision the CUE was filed on, revealed a condition ratable of at least at ten percent.

If the VA should have listed and rated the head injury, but didnt , that also would be a different type of CUE.

The LOD is binding on the VA. If the LOD does not state anything that would lead to a finding of "willful misconduct" the VA cannot manipulate the LOD into saying something that is not there.

Who is your lawyer?

"Wow that might be It we sent the cars recall in on Dec 29 for them to review weird it just showed up yesterday submitted in Dec,"

YES, that might have changed everything for you.

Thanks for explaining that it was the ignition switch that caused the accident...now I get it.....

Has VA treated you (or any private doctor) for residuals of this accident due to the head injury?

Not for the head injury but they said my forgetfulness might be something else and gave me something for ADD my dreams they gave me something else but diagnosed me with depressive disorder with anxiety distress. Which was said not service connected basically because of their LOD, the stress in Afghanistan apparently wasn't enough. Am I allowed to say my lawyers name

Edited July 17, 2015 by jfrei

[jfrei]

So I think I figured it out New claim is the new evidence to reopen the claim its now in the preparing to mail to me.My Dro appeal is scheduled for the 20 of August. All this is 8 days alittle overwhelming but movement so not complaining. I was told on the phone the reopen claim wasn't decided and the DRO left a note in the system saying he or she's waiting for the hearing. My heads going in circles trying to sort this out but I guess all will be decided at the hearing just don't know why they even put it as a new claim.

Edited July 18, 2015 by jfrei