Jump to content
  • Searches Community Forums, Blog and more

  • 0
marina53

Wait for CUE decision or file additional sc claim?

Question

My husband is 100% P/T disabled vet TDIU, no further exams. With the new proposal to eliminate the TDIU for vets who have reached retirement age, we are very concerned that his TDIU will be cut. Because of his disability, he has very little social security. There have been SC claims that have been denied, but may be able to be re submitted. The issue is that he has a CUE pending and his VA lawyer told him "Don't rock the boat with any new claims because it will set the CUE back even further". Any thoughts on this as to what he should do?

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

If he has a Lawyer let him handle it that's his job, but if it a VSO than you 

might need to check with somebody else.

  • Like 1

Share this post


Link to post
Share on other sites

Ad

  • 0

@marina53 first stay calm this has a long way to go before it becomes law if at all and it's just as likely as not that many TDIU veterans will be grandfathered in. 

Share this post


Link to post
Share on other sites
  • 0

A Pending claim takes precedence over other claims. In other words , in my experience this is what happened.

Filed CUE 2003 and a different CUE in 2004. When Nehmer came out (2010) I filed a new claim.

My CUEs were still pending BVA transfer in 2012 when Nehmer VARO started to adjudicate my AO IHD death claim. The RO was deliberately stalling on it.

I contacted the Nehmer VARO to state in writing that my pending CUEs had relevance to a proper AO IHD award.( Sent them copies of the evidence and the CUE claims.)

Then in mere weeks ( I also had to CUE them over the first decision which only tooks a few weeks -to fix ( GCY CUE)2012 -I dont know if I mentioned that CUE here....I forget it...

In mere weeks they awarded the Nehmer AO IHD claim and also awarded the 2 CUE claims.

I felt my CUEs had priority but don';t know if I found a citation to support it- yet it didnt matter when I go to the Nehmer VARO.

Have you posted any thread here before on the CUE claim? I cant find any thread on it.

 

 

Edited by Berta
forgot something

Share this post


Link to post
Share on other sites
  • 0

Thanks Tbird----I agree with you 100%!!!!! 

As you know VA has pulled BS like this before that goes no where except it causes anxiety to vets who sure do not need more anxiety in their lives.

Share this post


Link to post
Share on other sites
  • 0
27 minutes ago, Berta said:

A Pending claim takes precedence over other claims. In other words , in my experience this is what happened.

Filed CUE 2003 and a different CUE in 2004. When Nehmer came out (2010) I filed a new claim.

My CUEs were still pending BVA transfer in 2012 when Nehmer VARO started to adjudicate my AO IHD death claim. The RO was deliberately stalling on it.

I contacted the Nehmer VARO to state in writing that my pending CUEs had relevance to a proper AO IHD award.( Sent them copies of the evidence and the CUE claims.)

Then in mere weeks ( I also had to CUE them over the first decision which only tooks a few weeks -to fix ( GCY CUE)2012 -I dont know if I mentioned that CUE here....I forget it...

In mere weeks they awarded the Nehmer AO IHD claim and also awarded the 2 CUE claims.

I felt my CUEs had priority but don';t know if I found a citation to support it- yet it didnt matter when I go to the Nehmer VARO.

Have you posted any thread here before on the CUE claim? I cant find any thread on it.

 

 

Berta, I posted in May a question on how long does it take for  a docket number to be assigned to a CUE case. My husband filed Form 9 over 2 years ago to Denver Regional Office and has not heard anything, nor can he get any information when he calls them. His VA attorney tells him to be patient and not to file any additional claim till the CUE is done. If the CUE comes through properly, he should be 100% schedular, not just 100% TDIU.That is the dilemma now, with this new mess regarding the elimination of TDIU for older vets. He is planning to run this all by the attorney again. And hopefully, as TBird said, it won't go anywhere,

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Our picks

    • Sleep apnea- does the DBQ cover the "medically necessary/required" language?
      Hey everybody! Long time lurker, first time poster.

      My question is regarding the sleep apnea language that specifies that a prescription of a breathing assistance device is "medically necessary" for a 50% rating:

      Assuming that a vet is already prescribed a CPAP/APAP by the VA, does the sleep apnea DBQ portion under 2B "IS CONTINUOUS MEDICATION REQUIRED FOR CONTROL OF A SLEEP DISORDER CONDITION?" fulfill that language requirement?
      • 28 replies
    • VBA testimony and GAO report-C & P examiners
      As you all know, C & P exam results control almost all types of claims. VA employees have no choice but to go along with a negative C & P exam that will deny a claim. Some vets are quite willing to rebutt faulty exams and ask for a new C & P exam. For others, it will take a costly IMO/IME in most cases. Ben Krause has this article at his site today: http://tinyurl.com/y9co6zac
      • 9 replies
    • Lumbosacral Strain and Vertebrae fractures caused by osteopenia
      Hi.  I have a couple questions and welcome all recommendations for my disability claim.  I am currently 10% disabled for lumbosacral strain and deferred decision for this and vertebrae fractures caused by osteopenia.  I had a MRI February 2018 and results include moderate compression fracture of L1, mild to moderate compression fracture of L2, moderate to severe compression fracture of L3, mild compression fracture of T11.  Additionally, L3 moderate spinal canal stenosis, L2 mild to moderate retropulsion with mild spinal canal stenosis, multilevel degenerative changes, multilevel disc bulges, disc herniations, L1-L2 mild broad-based disc bulge with mild spinal canal stenosis, L2-L3 mild broad based disc bulge with mild to moderate spinal canal stenosis,  L3-L4 mild to moderate broad based disc bulge and severe bilateral neuroforaminal narrowing.   I have read that these malfunctions should have been claimed individually.  Will the VA evaluate/rate each condition separately?  If not, I may have to appeal or submit a new claim.  What are some thoughts and suggestions.  Do these disabilities belong in the lumbosacral strain or the vertebrae fractures caused by osteopenia.  I am totally in the dark on this stuff.  I am pretty sure no diagnosis codes have been assigned.  What can I do to support my claim?  HELP!!!!!
      • 2 replies
    • Ignore Members Who Annoy You - How To
      How To Ignore Members Who Annoy You

      I'd love it if we all got along, no one had a bad day and everyone respected each other however, living in the real world it just doesn't work that way.

      If you find a member adds no value to your knowledge on a topic hover over their name and then choose Ignore User. You cannot ignore moderators and admins but you can ignore others.

      Thousands of veterans have come here for over 20 years to find answers and support. I wish we could help each and every veteran, but some we cannot. Sometimes folks just rub each other the wrong way and that is where the Ignore User feature comes in. Ignore the user and move on...
      • 1 reply
    • Ignore Members Who Annoy You - How To
      How To Ignore Members Who Annoy You

      I'd love it if we all got along, no one had a bad day and everyone respected each other however, living in the real world it just doesn't work that way.

      If you find a member adds no value to your knowledge on a topic hover over their name and then choose Ignore User. You cannot ignore moderators and admins but you can ignore others.

      Thousands of veterans have come here for over 20 years to find answers and support. I wish we could help each and every veteran, but some we cannot. Sometimes folks just rub each other the wrong way and that is where the Ignore User feature comes in. Ignore the user and move on...
      • 1 reply
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Our picks

    • Sleep apnea- does the DBQ cover the "medically necessary/required" language?
      Hey everybody! Long time lurker, first time poster.

      My question is regarding the sleep apnea language that specifies that a prescription of a breathing assistance device is "medically necessary" for a 50% rating:

      Assuming that a vet is already prescribed a CPAP/APAP by the VA, does the sleep apnea DBQ portion under 2B "IS CONTINUOUS MEDICATION REQUIRED FOR CONTROL OF A SLEEP DISORDER CONDITION?" fulfill that language requirement?
      • 28 replies
    • VBA testimony and GAO report-C & P examiners
      As you all know, C & P exam results control almost all types of claims. VA employees have no choice but to go along with a negative C & P exam that will deny a claim. Some vets are quite willing to rebutt faulty exams and ask for a new C & P exam. For others, it will take a costly IMO/IME in most cases. Ben Krause has this article at his site today: http://tinyurl.com/y9co6zac
      • 9 replies
    • Lumbosacral Strain and Vertebrae fractures caused by osteopenia
      Hi.  I have a couple questions and welcome all recommendations for my disability claim.  I am currently 10% disabled for lumbosacral strain and deferred decision for this and vertebrae fractures caused by osteopenia.  I had a MRI February 2018 and results include moderate compression fracture of L1, mild to moderate compression fracture of L2, moderate to severe compression fracture of L3, mild compression fracture of T11.  Additionally, L3 moderate spinal canal stenosis, L2 mild to moderate retropulsion with mild spinal canal stenosis, multilevel degenerative changes, multilevel disc bulges, disc herniations, L1-L2 mild broad-based disc bulge with mild spinal canal stenosis, L2-L3 mild broad based disc bulge with mild to moderate spinal canal stenosis,  L3-L4 mild to moderate broad based disc bulge and severe bilateral neuroforaminal narrowing.   I have read that these malfunctions should have been claimed individually.  Will the VA evaluate/rate each condition separately?  If not, I may have to appeal or submit a new claim.  What are some thoughts and suggestions.  Do these disabilities belong in the lumbosacral strain or the vertebrae fractures caused by osteopenia.  I am totally in the dark on this stuff.  I am pretty sure no diagnosis codes have been assigned.  What can I do to support my claim?  HELP!!!!!
      • 2 replies
    • Ignore Members Who Annoy You - How To
      How To Ignore Members Who Annoy You

      I'd love it if we all got along, no one had a bad day and everyone respected each other however, living in the real world it just doesn't work that way.

      If you find a member adds no value to your knowledge on a topic hover over their name and then choose Ignore User. You cannot ignore moderators and admins but you can ignore others.

      Thousands of veterans have come here for over 20 years to find answers and support. I wish we could help each and every veteran, but some we cannot. Sometimes folks just rub each other the wrong way and that is where the Ignore User feature comes in. Ignore the user and move on...
      • 1 reply
    • Ignore Members Who Annoy You - How To
      How To Ignore Members Who Annoy You

      I'd love it if we all got along, no one had a bad day and everyone respected each other however, living in the real world it just doesn't work that way.

      If you find a member adds no value to your knowledge on a topic hover over their name and then choose Ignore User. You cannot ignore moderators and admins but you can ignore others.

      Thousands of veterans have come here for over 20 years to find answers and support. I wish we could help each and every veteran, but some we cannot. Sometimes folks just rub each other the wrong way and that is where the Ignore User feature comes in. Ignore the user and move on...
      • 1 reply
  • Advertisemnt

  • 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
     
  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • 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

  • 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

×

Important Information

{terms] and Guidelines