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    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
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    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
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add55p

Form for submitting CUE claim

Question

Hello All

Can someone tell me what form or method I am required to used to submit a CUE claim to the VA?

There is a lot on this site about why, when and what to submit, but not what form or format to submit the CUE..

Thank you..

Add

 

 

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If you have a POA they might have a template they use.

I never used a form, I just sent them a letter. 

If there is a form that anyone here knows of please let us know.

This is one of my CUEs and can be used for a template:

Veterans Administration Regional Office                          July 13, 2004

111 West Huron Street

Buffalo, N. Y.   14202                                                        Re: XC XX XXX XXX

                                                                                            

 

 

 

To whom it may concern:

 

            This is a claim under CUE, 38 USC, 5109A.

 

            I believe that VA erred in the lack of application of 38 USC 1114 regarding the above veteran’s entitlement to SMC. Although M21-1,Part 6 provides that SMC will be considered and rated as it is an inferred issue for any claim with SMC potential, VA failed to consider a retroactive award of  SMC in adjudicating the veteran’s Section 1151 , which I re-opened after his death.

 

            Although I filed a claim regarding this matter on June 9,2003, and filed a NOD to include that part of your February 12th decision, I am changing the SMC claim to a  CUE claim due to the enclosed statement from CHAMPVA, dated July 7, 2004, ie:

 

                        “Information provided by the VA Regional Office servicing your area indicates that the disability* was a result of VA hospitalization and not due to active military service.”

 

            For CHAMPVA purposes  a disability has to be 100% P & T. The VARO, in making this determination to CHAMPVA , relied on the veteran’s 100% NSC disability rating per the Section 1151 award 3 page  rating decision as regarding Rod’s strokes and residuals thereof,(Section 1151) and  indicated  to CHAMPVA that this combined disability was a “result of VA hospitalization”.

 

                                    Also I believe VARO committed a CUE regarding the SMC as an inferred issue due to their July 1997  receipt of a 2 page report from Pamela Steele, MD,MPH of VACO  Medical Services which VARO referred to in the Sec 1151 decision and which, in Dr. Steele’s narrative, it appears that Rod suffered an additional  CVA

while hospitalized and misdiagnosed for the Aug. 9th CVA, mentioned under # 2, D as “old” CVA. This would make sense as the medical records show both a hemmoragic stroke as well as stroke from clotting / atherosclerosis-2 different medical situations. The VA medical care, called “substandard” in this report would also lend to a SMC consideration which VARO never considered at all. VARO has a copy of Dr. Steele’s report included with subsequent submissions from me regarding my claims under direct service connected death and administrative decision for retro under Bonny V Principi. It is also listed as evidence in the Section 1151 award letter I received.

 

Enclosed: copy July  7,2004                                           Respectfully,

CHAMPVA letter July 7, 2004

Dr Steele's report 1997 (VA Central Office)

 

1998 rating decision 3 pages Award 1151 DIC wrongful death

-----------They fought me until 2010 when a different RO awarded this claim, it involved 4 CUEs.They added the IHD CUE to the decision.( forgot 5 CUES-I whipped out another one and they awarded that last year.

By then-2012- IHD was an AO presumptive and they awarded as direct SC and awarded  the SMC CUE and the retro.

There might be a better template here somewhere for CUE.

I also sent them a page from the VBM by NVLSP explaining the SMC Mandate, M21-1MR print outs and also my husband's 100% SC P & T PTSD award , EED 1991, his SSA awards ( he had 2), and considerable other stuff ,to include a letter from a former VA Secretary to my husband, as they continued to fight this claim.

The more they tried to deny it, the more I aggressively fought back with evidence, and I challenged them to produce a regulation they "made up" in one of their ludicrous denials. Of course there was no regulation like what they said.

My CUES took a long time but my Requests for them to CUE themselves (explained here) within the appeal period had far more fast success.

How old is the decision you want to CUE?

(Please note-I was awarded CHAMPVA with EED of 1991-   they had deliberately ignored the 100% P & T SC award for PTSD, thinking I would buy what they were selling with that CHAMPVA BS.

 Some of these VA people cannot even read.)

 

                                                        

 

 

 

 

           

 

 

           

 

 

 

 

 

         

 

 

           

 

 

                                                                                                 

                                                                                             

 

 

 

 

 

 

                                                                  

                                                                        

 

 

                                                                                              

                                                                      

                                                    

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Use Berta's, especially if your as lazy as me.

How about sharing what SC claim issue, your CUE question concerns. Cue Claims are not a DIY deal, for the uninformed to attempt.

Semper Fi

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That would help a lot.

The medical evidence has to be established already and the legal error(s) they made has to warrant some cash....otherwise no CUE occurred.

My other CUES were not at all as involved as the one I posted.

The IHD CUE was short.I hope I can find it. It was many PCS ago.

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    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
      • 4 replies
    • Wonderful news way to hang in. I hope this gives you some well deserved peace. 
    • If HadIt.com has helped you or you believe in it’s mission then please donate even $1 helps. I hope HadIt.com has provided $1’s worth of help to you. Imagine waking up and there is no HadIt.com it could happen and that is why I’m asking for your help now.



       



      Our traffic is going up and so are our expenses, however revenues have gone down and so I am reaching out to you to see if you can help me keep Hadit.com up and running.
      • 4 replies
    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
      • 3 replies
    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
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