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    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 ...
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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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Raza2009

Filing a NOD- please tell me what will happen?

Question

Good morning. I am filing a NOD that should be an open close case. I have all documents attached that shows CUE that the dates they put in are incorrect. IF the VA agrees right from the start what happens next? Do I get a new letter showing the correction made or is there a long drawn out process? I did not select DRO because it's not the rating that is incorrect it's the time period that they state my medical records came from stating I was in the Army Reserves during a time I was actually Regular Army. This makes a difference because my disability occurred after I discharged from the RA that I received an SSB. The VA is recouping the SSB based on incorrect dates. Once the dates are corrected they won't be able to recoup the money and this comes from an attorney. Any information as to the process after they agree is much appreciated.

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A Nod and a CUE are two vastly different things.

I had one CUE claim that took 9 years,  one that took 8 years (they never left the RO,) and many that took mere weeks.(filed within the appeal period)

Can you scan and post here the letter that says they are recouping the SSB?

Also we need to see the evidence they used that is listed in the letter.

 CUEs can be filed on any type of VA legal  error....that detrimentally impacts  on a veteran.

We usually dont see circumstances  like that here and one I mentioned here  involved a NOD/CUE in filed for my daughter  within three days after she got a decision, and they fixed their error in a few weeks.That was at VA Educational Dept in Buffalo (an oxymoron sometimes)

I have personally filed CUE within the Appeal period that never caused a need for a NOD.

I think it all depends on if you get a rater who can read  (I am serious on that)

Please cover your  file # and name etc prior to scanning and attaching the letter.

Why do you believe the SSB would not have to be recouped. Even if the dates are fixed?

There are regulations on recoupment but I have limited time to find them…they should be cited  in the decision…if so can you tell us the 38 CFR citation they used to support this ? Someone will google them and reply on that,if I am not here.

 

 

Edited by Berta
added more info

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Thank you for responding. I will upload what you asked for a bit later. I meant NOD not CUE. The  reason I feel they should not be recouping my SSB is found in M21-1MR, Part III, Subpart v, Chapter 4, Section B (h): Compensation for disabilities incurred after receipt of Separation Benefits. One or more service-connected disabilities the veteran incurred during a SUBSEQUENT period of service. "when this occurs DO NOT withhold the compensation payable for the service-connected disabilities incurred during the latter period of service to recoup separation benefits the Veteran received for the former period of service. 

If I am reading their "evidence used" section correctly they have me as Army Reserves from 1988 through 2012 for the treatment records which would make them eligible to recoup my SSB since I received it in 1992. BUT I did not not join the Reserves until after I received the SSB from Regular Army and I did not and do not have any claims in or approved for the period of time I was Active Duty. I have attached a photo of what I am talking about so maybe this will clear things up. If they get the dates right...I keep the SSB.IMG_20170601_0913145_rewind.thumb.jpg.e424f4bad8f69d1648108b61cefacc55.jpg

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Thank you for responding. I will upload what you asked for a bit later. I meant NOD not CUE. The  reason I feel they should not be recouping my SSB is found in M21-1MR, Part III, Subpart v, Chapter 4, Section B (h): Compensation for disabilities incurred after receipt of Separation Benefits. One or more service-connected disabilities the veteran incurred during a SUBSEQUENT period of service. "when this occurs DO NOT withhold the compensation payable for the service-connected disabilities incurred during the latter period of service to recoup separation benefits the Veteran received for the former period of service. 

If I am reading their "evidence used" section correctly they have me as Army Reserves from 1988 through 2012 for the treatment records which would make them eligible to recoup my SSB since I received it in 1992. BUT I did not not join the Reserves until after I received the SSB from Regular Army and I did not and do not have any claims in or approved for the period of time I was Active Duty. I have attached a photo of what I am talking about so maybe this will clear things up. If they get the dates right...I keep the SSB.IMG_20170601_0913145_rewind.thumb.jpg.e424f4bad8f69d1648108b61cefacc55.jpg The other picture is the only mention of why they are recouping the SSB. If they applied the correct dates of my Army Reserve status they would not be able to recoup the SSB. 

IMG_20170601_0925067_rewind.jpg

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COOL! You did some good VA homework---

I cant zoom up the photo but will check the M21=1MR ASAP.

Folks, I have had a ----load of Windows 10 downloads I could not put off any longer.........great stuff...the 3 D stuff, the voice recognition stuff,(like Dragon ?) and I also had to upgrade Word with lots of goodies...and the important part was the new visualizations to all my PC music!!!!! Yippeee--

but it is causing me problems as well as time ( except it seems faster to make CDs for my car ) 

I cannot drive without Zepplin or Dylan or Al Green..........etc

The downloads took time even though I have Gen 4 and lots changed on my PC.....

So between that and my farm and church I am overwhelmed...and need to get garden in toooooo-

Can anyone else search and post that M21-1MR excerpt?

 

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