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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Storm

CUE DECISION AWARDED FROM NOD

Question

Good Evening Everyone,

 

      Happy New Year to everyone, I was shocked but I now I have more to go.  Heres the decision :

                               

                                                                                            INTRODUCTION

 

            The records reflect that you are a veteran of the Gulf War Era and Peacetime. You served in the Army from February 1986 toJuly 1986 and from September 20,1990  to July 4 1991. We received a Notice of Disagreement from you on February 8,2016 about one or more of our earlier decisions.  Based on a review of the evidence listed below, we have made the following decision(s) on your claim. 

                                                                                                 DECISION

              Entitlement an earlier effective date for service connection of post traumatic stress disorder (previously claimed as dysthymic disorder) is granted because of and clear and unmistakable error was made; therefore, a 50 percent evaluation is assigned effective September 3, 2012.

 

              Entitlement ton an earlier date for service connection of post traumatic stress disorder(previously claimed as dysthymia disorder) is granted because of a clear and unmistakable error was made in assigning an effective date of February 3,2014,the date of receipt of VA form 21-526EZ Fully Developed Claim was received; therefore, a 50 percent evaluation is assigned effective September 3, 2013, the date of receipt of your claim for PTSD.  You were denied service connection for PTSD in the rating decision of October 21, 2013 because you did not attend your exam.  You advised us on February 4,2014 that you missed your exam due to a conflict in your schedule, but were willing to report for VA exam. You reported for VA exam on November 10,2014, were diagnosed with PTSD, granted service connection in the rating decision of January 31,2015, notified of that decision on February 9, 2015.  February 8, 2016 we received your Notice of Disagreement in which you stated you believe you should be granted PTSD back to 1995. Please be advised the claim for PTSD received September 8, 1995(error it was AUG) resulted in a VA exam that did. not have a diagnosis of PTSD, you were diagnosed with dysthymic disorder claimed as PTSD; you were notified of that decision on October 2,2002.  You did not appeal that decision and it thus became final October 2,2003. one year from the October 2, 2002 notification letter advising you that dysthymic disorder was not service connected.  This decision is now final as the one year appeal period has expired.  It was not until your most current VA exam that PTSD was diagnosed and related to service, As stated the proper effective date is September 3, 2012 as the claim received on the date has been continuously prosecuted from that date and thus did not become final.

 

  Please feel free to chime in on anything because although, I'm happy and grateful for my award  and the VA Cueing its self. I can't be shake the feeling of still going for a CUE back to 1995. They admitted in the decision. Dysthymic Disorder PTSD.  And on my DD214/15 all my SWA Medal,National Defense, Liberation of Kuwait Medal didn't ring a bell in the initial denial back in 1995. 

I apologize if I posted in the wrong topic before sorry.

                                                                                                                                     Thank you

                                                                                             

 

 

 

 

 

       

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WOW this is Wonderful and  I am a CUE-ERINO myself.

I am also a New Yorker so wonder if this  came from the Buffalo VARO  (I got them on many CUES, and even found one the other day they awarded that I completely forgot about.)

" I can't be shake the feeling of still going for a CUE back to 1995. They admitted in the decision. Dysthymic Disorder PTSD."

Can you scan and attach here ( cover C file #, name, address, prior to scanning)

their reasons and basis for the denial and the evidence list they used?

Some of my CUEs went back to 1998.(a 1998 award letter held 4-5 CUEs).

That CUE and others are here in the CUE forum.We had another recent winner too ( SPO)

I think the very first thing any claimant and VSO, vet rep should look for, even in award letters, is CUE.

 

Edited by Berta

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PS-VA turned in a few weeks on a NOD I prepared for my daughter and she said I raised CUE in it,too .dont have a copy on this PC.

She applied for her Chapter 35 certificate of entitlement and they gave her one month of DEA. She served 7 Years...the regulation is right on the app she filed and she had sent them her DD 214.

Military service extends DEA (Chap 35) eligible period by the length of military service.They immediately changed her Cert of eligibility to 7 years.

And VA also turned on a NOD I prepared many years ago when they tried to propose to reduce my husband's PTSD comp. I used the same regs they used and plain old common sense. It was a funny NOD but I was Real pissed when I wrote it and it did the  trick so I am glad that someone actually read your NOD well.

The NOD is the first avenue of attack and if prepared correctly, it can do wonders....(and if they are literate enough to read it).   Yippee For YOU!

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Im with you, Storm.  

THe VA has already admitted that your PTSD claim is the same as the Dysthemic disorder previously claimed in 1995, and they have also admitted CUE.  

The VA is treating you like a "junk yard dog", throwing you a bone, to distract you,  while they steal the whole farm.   I say to go ahead and "chew on your bone" but nod the decision to keep them from stealing everything, since it sounds like you deserve a 1995 effective date.  Thus, file a nod on their most recent  decision,  (where they cue'd themself)  disputing the effective date which should be 1995.  

The bone they threw you is the one year of effective date, which, should have been 1995. (Remember they already admitted CUE).  

You are in a great position.  You have the VA by the runyiones, because they already admitted CUE.  Now, you appeal the effective date and GET The benefit of the doubt.  That is super cool.  You get CUE and get to keep the benefit of the doubt, because VA admitted to the CUE, and because your nod will be timely.  

I dont think you will have any trouble getting a lawyer, if you want one.  

I have explained this before, but the attorney fees are usually MUCH LESS than you think, and they are often zero.  

You see, I am represented by an attorney who got a remand at the cAVC level and was paid 6000 in legal fees.  This means when I get retro, 6000 will be deducted from any lawyer fees.  Since my lawyer works for 20 percent that means I will have no lawyer fees on the first 30,000 of retro.  

Example:   I get retro of 28,000.  Lawyer fees: 0. 

Example 2:  I get retro of 40,000.   Lawyer fees 8000, but the lawyer already got 6000, so I pay 2000 lawyer fees and not 8000.  The lawyer can not collect from EAJA and Veterans BOTH for the same fees.  They can only collect the difference between what EAJA paid and what the fee agreement says.  

Bottom line:  I recommed you get a lawyer.  Unless you are BERTA, have a new copy of VBM manual (about 250 dollars), are organized and well enough to persist the 5 to 10 years it will take you to win this, then get a lawyer.  

Edited by broncovet

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Congrats on the CUE win.  I won one myself and lost one as well.  I know how hard it can be unless the CUE is just in black and white and no person with I.Q. above  60 would not recognize it.  My advice is never, ever skip a C&P exam even if you are dying.  Especially, if you are dying try and die at the C&P exam.  At least your survivor will probably get DIC.

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And if you are dead, have your buddies throw in the back of your pickup and have your wife drive you to your C&P exam.

Hamslice

 

 

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