Rating Board

[john999]

I called the VA today and all my DMII secondary claims are at the rating board including a CUE claim I filed.

Does this mean that I am not going for any C&P exams. I have pretty extensive documentation for the DMII claims, including medical opinions from my VA doctor saying the conditions are service connected. The VA says they are going to rate all my claims together including the CUE. They are waiting for one more test on my legs. This is pretty fast so I think I will get SC'ed for the DMII claims and denied for the CUE. I filed the claims in September of 2006 and they are already at the rating board.

[carlie]

"He isnt sure yet how to assess the SF 95 I filed.'

Berta,

The SOB's will probably need five attorneys and an OPGC to figure that one out ! lol

How do they ever get the positions they hold ?

Tonight I will look-up when I originally filed my 1151 from the VA doc assaulting me and get back with you.

They have to be scratching their empty heads on your SF95, I love it.

carlie

[john999]

I am not worried about it. What kills me is that they are going to wait to decide my CUE until the other claims are rated. Who knows if that is really true or not. My claims are pretty fundamental. I have the conditions and I have DMII as presumptive to AO exposure. I believe in my CUE the VA should have considered IU since my doctor said I was IU. I am not saying they had to give it to me ,but they should have considered it and they said in the record that it did not apply. They did not consider one thing my doctor said in their decision and did not even list his report as evidence. The IU laws have not changed. If their is evidence in the record that the vet is unemployable due to his disability I think the rules say the VA must consider it.

[Berta]

"If their is evidence in the record that the vet is unemployable due to his disability I think the rules say the VA must consider it."

Right- -----38 CFR 4.3., Adjudication Book C, Part 4- 4.3and 4.6------

http://www.warms.vba.va.gov/Regs/38CFR/BOOKC/PART4/S4_3.DOC

"Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law."

"I am not saying they had to give it to me ,but they should have considered it and they said in the record that it did not apply"

Maybe this would sure help you too-

M21-1 Part VI, March 2004- (I posted the hyperlink somewhere here the other day to this reg) cant find it now-

John-I hit them with a copy of every single reg and VA case law I could find to support my CUE as well as the above M21-1 print out telling them what they are supposed to do.

As you all know a CUE means you have to fight them with the regs-

because it is a legal error-

I see the point of your CUE -

I had to send this reg to not only the RO but also to my vet reps main office-

HOLD THEM TO IT.

Edited December 12, 2006 by Berta

[Berta]

PS- John -were you able to avoid or overcome the contructive rule in Bell- regarding CUE claims?

I also argued this point right away in my CUE by proving that the VA had in their constructive possession- documents ,well after the limiting date of Bell, to support my CUE claims.

Just in case they tried to use Bell against me- but they didn't.