If you subsequently succeed on getting a SC rating for something VA deemed as NSC in the past, and it was at a ratable level when they stated NSC 30% PTSD for example on the old rating sheet,
and is exactly the same disability that they finally awarded (giving you retro just back to the date of that claim,
and all of the evidence they had established at time of the older decision should have warranted a SC rating then but they gave you NSC instead......
it is common sense that one should seriously consider the CUE regs here, and file a CUE.
Never overlook 38 CFR 3.156 either.....for a different possible approach....too.
Question
Berta
I mentioned this before but it bears repeating.
If you subsequently succeed on getting a SC rating for something VA deemed as NSC in the past, and it was at a ratable level when they stated NSC 30% PTSD for example on the old rating sheet,
and is exactly the same disability that they finally awarded (giving you retro just back to the date of that claim,
and all of the evidence they had established at time of the older decision should have warranted a SC rating then but they gave you NSC instead......
it is common sense that one should seriously consider the CUE regs here, and file a CUE.
Never overlook 38 CFR 3.156 either.....for a different possible approach....too.
Link to comment
Share on other sites
Top Posters For This Question
1
1
Popular Days
Aug 6
2
Top Posters For This Question
Berta 1 post
Jumpmaster 1 post
Popular Days
Aug 6 2015
2 posts
Popular Posts
Berta
I mentioned this before but it bears repeating. If you subsequently succeed on getting a SC rating for something VA deemed as NSC in the past, and it was at a ratable level when they stated NSC 30
Jumpmaster
Berta thank you for sharing this information once again. It's such knowledge at this that opens the door for me to hop into my phase 2 appeals assault. I'm about to post a strange topic in a few
1 answer to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now