I have a question, maybe you guys can enlightened me. I have been battling the VA for years In 2007 the finally awarded me 10% for my left eye, then it was raised to 60% in 2015. Then they said they had made a "CUE" on the rating of my eyes, and it should be at 80%. I am also 50% PTSD, so I am 100% IU. I filed for disability in 1978 for disability on my eyes, and was denied. They claim they had no record of me filing at that time. I want thru my entire claims file and military records page by page, and I found a letter dated August 1, 1978 in which they denied me disability compensation on my eyes, which were approved by a BVA in 2013, giving me retro pay from 2007. An I entitled to retro pay from 1978? They VA claims they had no knowledge of me filing in 1978, and I have found a VA document denying me a service corrected disability for the "exact" same condition that I was approved for in 2013. If this is true, any idea on how I should proceed? Thanks for all your help guys, it is really appreciated.
Question
Jimmer
I have a question, maybe you guys can enlightened me. I have been battling the VA for years In 2007 the finally awarded me 10% for my left eye, then it was raised to 60% in 2015. Then they said they had made a "CUE" on the rating of my eyes, and it should be at 80%. I am also 50% PTSD, so I am 100% IU. I filed for disability in 1978 for disability on my eyes, and was denied. They claim they had no record of me filing at that time. I want thru my entire claims file and military records page by page, and I found a letter dated August 1, 1978 in which they denied me disability compensation on my eyes, which were approved by a BVA in 2013, giving me retro pay from 2007. An I entitled to retro pay from 1978? They VA claims they had no knowledge of me filing in 1978, and I have found a VA document denying me a service corrected disability for the "exact" same condition that I was approved for in 2013. If this is true, any idea on how I should proceed? Thanks for all your help guys, it is really appreciated.
Link to comment
Share on other sites
Top Posters For This Question
3
2
1
Popular Days
Jan 15
3
Jan 16
1
Jan 17
1
Jan 20
1
Top Posters For This Question
Jimmer 3 posts
broncovet 2 posts
waccamawwild 1 post
Popular Days
Jan 15 2016
3 posts
Jan 16 2016
1 post
Jan 17 2016
1 post
Jan 20 2016
1 post
Popular Posts
broncovet
Maybe. Certainly the letter is great evidence, but this denial becomes final after a year of not filing a NOD. However, you can file a CUE anytime as long as you can find CUE in the 1978 denial. For
broncovet
You can/should read Beraud, as this MAY apply to you: LEONARD BERAUD, Claimant-Appellant, v. ROBERT A. MCDONALD, Secretary of Veterans Affairs, Respondent-Appellee. UNITED STATES COUR
Jimmer
Broncovet, Thanks for the information on the court case. It really helps, and I am moving forward immediately on it.
5 answers 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