ptsd Nwg Question For Berta

[pacmanx1]

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.

Berta, I have a question but I am not sure how to word it so I will word it the best way I can.

Using your scenario, If a veteran succeeds 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 XX% for whatever for the old rating sheet, and is exactly the same disability that they finally awarded (giving you a retro just back to the date of that claim and all of the evidence they had established at the time of the older decision should have warrant 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.

Here are my thoughts, if a veteran succeeds on getting a SC rating for something VA deemed as NWG in the past, and it was at a ratable level when VA denied SC on the old rating sheet, and is exactly the same disability that they finally awarded ( giving the veteran retro just back to the date of the second/reopen claim without a new C & P exam) and all of the evidence they had established at the time of the older decision should have warranted a SC rating then but VA denied the veteran claim. Would it make common sense that one should file a CUE claim or immediately file a NOD claiming 38 CFR 3.156 if the veteran records showed/proved the veteran was being treated by the VA hospital prior to the original claim being denied as NWG but VA never used these records?

[Berta]

I dont know what NGW means.

If the VA had medical evidence that was probative to any claim any veteran or their survivor has filed,

medical evidence that was in the VA's possession,at time of the past claim or any other significant evidence they had

such as a LOD etc etc ( or a few of my issues legal evidence from VA that was probative to the claim)

and the VA completely ignored that evidence ( which, if the condition was ratable at that time of denial, would have manifested an altered outcome ...ie, proper rating and SC award, the VA violated 38 CFR 4.6 and that is a CUE.

But a 38 CFR 3.156 scenario might, in many cases, generate the same thing.

This is why we all need copies of our C files and copies of all VA medical records.

I am not sure how you are using the 3.156 here......

If a veteran re opens a claim with new and material evidence, to me that might not generate a basis for CUE on any older denial for that same disability....

as the N & M was not in the VA's possession at time of the alleged CUE.

Because it is New and material.

[Berta]

just to add.....they really don't want questions directed to specific members here.....

others might have a much better reply but might never read the question.

I can barely type anyhow with a new %$#%^&*& keyboard.

[Guest]

Berta, NWG means Not Well Grounded. Sorry for the extra large type I am having problems with my PC also. Many years ago VA favorite denial phrase was claim was denied due to being not well grounded and caused a lot of claims being denied. Yes, I do agree with not asking for specific help but since I used your scenario I felt my question could be properly answered by you. I do know for fact that the evidence was in the VA possession when I finally got my copy of my C-file. The catch is I found this out many years later, way after I got my C-file and reviewed it. I was dumb founded to see the evidence dated prior to my original denial. This claim is pretty much on it last leg and I hope VA realize they got caught. Since this evidence was pertinent and material and never used in any decision it should stand that it established that the condition was at a ratable level. Yes, this particular evidence was never used in neither denial or granting of benefits.

[Berta]

Of course...SORRY Not Well Grounded

Pete many vets have succeeded in claims that BVA said were NWG...I cant figure out how to copy and paste yet, (new set up for PC) but go to the CUE forum as there is a claim there won after 41 years.

CUE retro 41 years...in the search feature should find it and also my favorite CUE is here somewhere too , Myler V Derwinski...

It sounds to me that you Definitely have a VALID CUE.

The VCAA of 2000 was supposed to overcome the idea that a claim is not well grounded, if the evidence VA has is probative.

But VA (evident at the BVA web site and their annual reports to congress since the VCAA became law,) still has managed to ignore evidence, causing numerous remands instead of the NWG rubber stamp that they can no longer use.

[Guest]

Thanks Berta, you are a jewel.