Request for EED CUE Review

[Gastone]

I was about to NOD (DRO Review) my 12/2015 Award for an EED.

I called my RO VSO on a different matter but lucked out and got the Rep (Former DRO) that attended my 06/14 DRO Hearing. After discussing the VA Walk-in C-File Viewing Policy, which was the reason for the call, we moved on to the NOD I was about to file for the EED. He recommended filing a Request for an EED CUE Review, saying it would be faster than the DRO Review.

I figured, give it a try, still had till 4/17 based on Award Letter Date, to file the NOD for the DRO Review. Faxed him the 12 EED supporting Pages from my MHV Clinician Notes. He filed the Request 05/13/16, E-Ben showed it the following week, 06/04 it had moved to pending Decision with expected completion dates 06/15 - 07/15.

No matter the Decision, maybe there is something to the VA Request for Review, at least for CUEs. And I still have my NOD DRO Review, Locked & Cocked.

Oh ya, my VSO-Rep confirmed the walk-in RO C-File viewing policy. He said that all Det RO C-Files had been digitized, for our Viewing Enjoyment, no more piles of paper to turn, page by page.

Semper Fi

 

 

 

 

 

 

 

[ArNG11]

Sweet!  I'm hoping in my case I don't have to resort to a CUE, however, I am prepared to go that way, just much rather not.  VA doesn't need any more upper hands in my claims.  

[ADodge]

On 6/15/2016 at 8:05 PM, Gastone said:

ADodge, a CUE Review, from an 84 Decision? Did you talk to a VA Lawyer for a "FREE" consult? If I'm carrying my "Naughts" right, a chance at 20% of that pile of Retro, even on a slim chance, would have an Attorney salivating.

Care to share the Redacted Evidence of Record, that was missed?

Semper Fi

Gastone not really sure what Redacted Evidence of Record you are talking about??    There never was evidence missing even in 2014.  They just decided that my Asthma was no service connected due to allergies???  Of course the VA never stated EXACTLY what allergy it was that I had that was so bad to have caused me to have Asthma so bad that the symptoms followed me from Florida to Georgia to Great Lakes???  And yet it  was an Allergy that I didn't seem to have before I joined the Navy???  But that Allergy was so bad that I ended up having to be on medication for the Asthma on a daily basis starting from the time I began having a problem breathing through the 3.5 years left to my enlistment.  I personally think that there was a fungus or bacteria in the Air condition in the Seaman apprentice Training barracks that I happen to breath in and that since they never checked to see if that were the case that for over 3 years I had this hellish fungus growing in my lungs or a bacteria that was incubating in my lungs and that eventually it got treated with the proper antibiotic but not until it killed at least 10% of my lung capacity with scarring in the left lower lobe of my lungs.  

You know I just thought of a really important fact in the history of this Asthma I have dealt with since 1980.  In 1981 every Chest X-ray that was done always had a question of possible Atelectasis in the Left lower lobe.  Which meant there was possible scaring in that area.   Now all the X-ray slips from the Naval Hospital radiology department just state the X-ray is a normal study.  But if those reports are matched with what the Doctor notes state it does indicate that there is possible scaring or what is known as Atelectasis.  Isn't it strange how the Doctors notes differ from the X-ray reports!!!  So I wonder how hard it will be to match all those X-ray reports with Doctor notes.  And if I do this then I believe ( and of course this is just me) that to do this would show what should be considered new evidence to further support that claim back in 1984!!! 

Well guess what I will be doing this weekend!!!  LMFAO 

[Gastone]

Do you have a non VA Pulmonary Specialist? I would think you need a Non VA Medical opinion regarding you lung condition. You don't really need a $1500 IMO, spend a $150 +-, see a Board Cert Pulmonary Specialist. His "Expert" opinion, in the form of Clinicians Notes from your appointment, could do the trick. 

You should discuss with the Dr, what your trying to prove to the VA and that a 100% Medical Certainty, is not necessity. Just a "More Likely than Not or as likely as not," is all that's necessary.

I would still advise, discussing your situation with 2 or 3 VA Attorneys. At least you would get a feel as to the strength of your case.

How do any of your SC's affect your lung issues? Is there a possible Secondary claim for Cause or aggravation?

Semper Fi

[Gastone]

05/15 Cue Review Request, moved to Completed, Notification Mailed 08/21 on my E-Ben, not bad for what, 3 months.

As of 4pm, no VA Letter in the Mail. At 5:10pm, I received a Txt from my CU regarding a sizable Deposit, Well Hello Retro!

Checked the Deposit out, VA in their infinite wisdom, granted my CUE Review. I knew I had a lock on an additional 12 months SMC S Retro, possibly 24. They Awarded the 24 months, thank you very much.

At least in my case, the New VA Official Request for Review of a recent Award/Denial,worked out. My NOD was Locked & Cocked,  but no longer needed.

Semper Fi

[Berta]

YIPPEE!!!!!!!

This sounds like maybe you used my favorite tactic--GCY VA- "Go CUE Yourself VA." He he.

If a decision contains a legal error to a claimant's detriment, it can be much faster ( in some cases) to ask them to CUE their decision because otherwise the error stands until maybe it is resolved with a NOD, DRO , etc etc etc....

If they do not react favorably however on this type of request or Reconsideration Request, and the NOD date looms close, it is still  imperative to file the NOD.

My SMC CUE retro took 9 years...but my last GCY Cue took mere weeks (maybe just days--because -I raised a ruckus with the Director of my RO on that one because it again involved probative evidence that they completely ignored and the posthumous so called C & P was prepared by ,in my opinion, someone with NO medical background at all.

I believe VA makes many errors in retros and certainly in violating 38 CFR 4.1 et al ( to include the great 4.6 part). If VA can use CUE  against us, -which they try to do to reduce vets sometimes,then we can use the same regulation against them, if their legal error has cost us cash.

THIS IS GREAT NEWS Gastone

and I want to thank you for all of the outstanding advice you give vets here.

You have helped Many and my Thank You is long overdue to you!

Enjoy this  Victory!

[broncovet]

Congratulations Gastone!   I agree with Berta..you have helped many here, and its great you helped yourself, too.