Jump to content
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

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

    employment 2.jpeg

    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


  • 0
Sign in to follow this  
2NDMARDIVDOC

RETRO PAYMENT QUESTION. PLEASE ADVISE

Question

So just moments ago I found out I was awarded my claim. The effective date however is 11-10-16 I had filed a re-open / CUE on that condition that should have taken it back to 2001. I am seeing the effective date on ebenefits disability summery page. Is there still a chance that the CUE retro money is still alive out there somewhere or do you think I was only awarded back to November of last year when I re-filed the claim??

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

I felt you had a very viable CUE or 38 CFR 3.156 claim based on what we knew from your posts..

There are many posts her under your handle but I only had time to find this one:

"Is there still a chance that the CUE retro money is still alive out there somewhere or do you think I was only awarded back to November of last year when I re-filed the claim?? "

Did you file the CUE claim separately from the re-opened claim?

Did you ever post the decision here that you filed CUE on?

Can you scan and attach the CUE claim here? (cover C file, name, address prior to  scanning it)

Was the CUE filed after you filed for re-open? 

Share this post


Link to post
Share on other sites
  • 0

Berta, I will do my best to answer your questions. The re-open and CUE were filed at the same time on the same piece of paper. I cannot attach the re-open decision because I don't have it yet. I just found out the condition was granted an hour ago. It was awarded at 60%. The CUE would have taken it back to Dec of 2001. I filed the re-open / CUE on Nov 10th 2016. The effective date of the award is the November date. There is no mention whatsoever on ebenefits regarding the status of the CUE. hopefully that clarifies my post. Do you think the CUE is dead or could it still be granted even though the claim is now listed as closed? 

Share this post


Link to post
Share on other sites
  • 0

I think that CUE  might have  expired.

It might not have conformed to the CUE criteria I posted here many times in the CUE forum.If it did not conform to the CUE criteria they might have ignored it, if it was not written correctly...

The BVA denies many CUEs beause they dont conform to the CUE criteria in the regs ( 38 USC 5109A)

But it could probably be resurrected and re- filed. I dont know.

The decision will tell more.

 

 

 

Share this post


Link to post
Share on other sites
  • 0

If I have to refill the CUE will it have to through a lengthy appeal or can I do something like a FDC on it? 

Share this post


Link to post
Share on other sites
  • 0

You need to wait for the decision to decide, and see the effective date.  ebenefits is notoriously unreliable.  One important reason for this is the "reasons and bases" for decision.  Many times when I file a NOD, I try to refute VA's "reasons and bases" for decsion.  Or, to look at it another way, if they have valid "reasons and bases" for their decision, then your appeal wont fly.  

In answer to your last question, 

Generally, if you have just been awarded benefits, the procedure is to file a NOD disputing the effective date, as long as you file in the one year period.  

Cue is generally reserved for when you did NOT timely file a NOD.  

However, Berta has had good luck "asking VA to cue themselves".    While asking va to cue themselves sometimes works, the danger there is thinking that as your NOD.  A nod must be filed on a NOD form.  Even if you do "ask the Va to cue themselves" you still want to file a nod before the year is up.  

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • Need your support - T-shirts Available - Please buy a mug or a membership
      if you have been thinking about subscribing to an ad-free forum or buying a mug now would a very helpful time to do that.

      Thank you for your support
      • 18 replies
    • OK everyone thanks for all the advice I need your help I called VSO complained about length of time on Wednesday of this week today I checked my E benefits and my ratings are in for my ankles that they were denying me 10% for each bilateral which makes 21% I was originally 80% now they’re still saying I’m 80% 

      I’m 50% pes planus 30% migraine headaches 20% lumbar 10% tinnitus and now bilateral 21% so 10% left and right ankle Can someone else please do the math because I come up with 86% which makes me 90 what am I missing please help and thank you
    • I was denied SC for IBS and GERD IN 2011. In 2019 I was awarded SC for GERD. This CUE  is for 2011, both GERD and IBS. There are some odd aspects regarding the 2011 decision, the way it was written and the C&P report and the way it was written. I've tried to present this as clearly as I can. Note: the decision contradicts itself. the decision also contradicts the C&P Report. Honestly, I think the rater just got confused because the C&P was so poorly written. *THIS CUE HAS NOT YET BEEN SUBMITTED*Please let me know what you think. Appreciate all comments and suggestions. Thanks.

       

      VA RATING DECISION MARCH 23 2011 GERD IBS.pdf C P REPORT 7312010 GERD IBS.pdf GERD IBS CUE 2011(1).pdf

      C P ADDENDUM REQUEST RE DIAGNOSIS 7232010.pdf
      • 56 replies
    • 14 Questions about VA Disability Compensation Benefits Claims
      When a Veteran starts considering whether or not to file a Veterans Affairs Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about when it comes to filing Veterans Affairs Disability Claims. [Reprinted here with permission from Veterans Law Blog]
      • 0 replies
    • Disabled Veterans Property Tax Exemptions by State
      Alabama 
      A disabled veteran in Alabama may receive a full property tax exemption on his/her primary residence if the veteran is 100 percent disabled as a result of service and has a net annual income of $12,000 or less.
      • 0 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines