Jump to content

Sponsored Ads



  • 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
     
  • Advertisemnt

  • 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

Sponsored Ads

  • Searches Community Forums, Blog and more

  • 0
Sign in to follow this  
marina53

Will filing another disability claim set back CUE

Question

My husband filed a CUE which will probably be another year or two before it even gets assigned a docket number and goes to Washington.  In the meantime, he is thinking of filing a disabilty claim which would not change his schedular rating, but would add some SMC to his monthly compensation.  In the past, his attorney told him not to file anything new till the CUE gets decided because any new claim would knock his CUE back to the beginning. So, my question is, would opening a new claim or reopening an old claim actually set his CUE back years?

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

I recommend you take your attorney's advice...He knows way more about your claim than we do.  

  • Like 1

Share this post


Link to post
Share on other sites

Ad

  • 0

I disagree with the attorney.

I had CUEs filed in 2003-2004, that were not set for BVA transfer until early 2012.

The Nehmer VARO was working on my AO IHD death at that point. 

Also I had numerous other issues that were filed after the CUE claims above.

One of them was my AO DMII death claim -awarded in 2009.(a re-open)

I advised the Nehmer AO VARO that my CUEs were sit at my AOJ VARO-Buffalo, and not transferred yet to the BVA and that those CUEs were contingent on/( as they would impact on)  the AO IHD claim.A new claim when the new AO IHD regs came out)

But the strongest I made was that they had been filed years prior to my 2010 AO IHD claim and should be addressed first.

The Nehmer VARO awarded those CUES as well as the AO IHD claim.It  took them mere weeks to award them and the IHD AO claim once they began to assess the evidence.

If your lawyer wants to question my advice here ( let him read my reply) I can contact him/or her off the board. I might even know him.

.

 

 

Share this post


Link to post
Share on other sites
  • 0

And ask him for the specific regulation in 38 USC,CFR, M21-1MR that would support his rationale.

Share this post


Link to post
Share on other sites
  • 0

trust your attorney they get paid for knowledge and laws free advice is good

but always best to trust your attorney.Evidence wins claim but EED of claims

is a different game . Sounds like your cues was from a DIC claim and not a VET CLAIM

for benefits its a different claim all together Dic & VA benefits but you won that's all matter.

Never go against your attorney ask another one what he thinks

 

Edited by porgee

Share this post


Link to post
Share on other sites
  • 0

The veteran is still alive and well.

I stand by what I stated but you had a good reply too...if another attorney will even speak to any vet whose POA is already held by another attorney.

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
Sign in to follow this  

  • Ads

  • Ad

  • Latest News
  • Our picks

    • OK so I had pancreatectomy in 2003 due to an impacted goldstone 2/3 of my  Pancreas was removed I am type one diabetes with very large scars continued diarrhea stomach problems Constant back and shoulder pain I recently received a Nexus letter from my  endocrinologist related to my service in the gulf war.  Any suggestions or advice from anyone
    • I would like to meet other Hadit members who live in Michigan.  We have at least two major VA Hospitals (Battle Creek, Ann Arbor).  Or maybe you go to the the John Dingell in Detroit.  

      I like Ann Arbor.  I like the fact that most of the doctors there are also at the UM Hospital.  I don't like how uickly they seem to turn over though.  
      • 2 replies
    • Really?
      I am confused.  A few days ago I spoke to a person at a VARO who said if I die from something other than service-connected my husband gets zero, zilch, squat.  Hmmmmmm, it seems the rules change willy-nilly...I have been rated 100% P & T for over 10 years, MS is static, and I am 56 years of age.

      Can a fellow Veteran shed a light on this?

      Thank you.
      • 15 replies
    • Fund raising for HadIt.com
      The site is supported through ads and ad free subscriptions, we are also asking for any support you would like to send our way. You can give a $1 or more it all helps. Keep in mind though that it is NOT tax deductible and we are NOT a non profit. As the site grows so do the costs and ads and subscription do not always keep pace with the costs. Any help is appreciated, but not required.
      • 8 replies
    • Carol Ozanecki- Blue Water vet Advocate called me with this news:

      https://www.stripes.com/news/lawmakers-launch-new-effort-to-provide-agent-orange-coverage-for-blue-water-navy-vets-1.525395

      Also there is a article in Pop Culture she sent to me----mentionig Blue Water vets buy I felt it was too political to post here. You can google it if you want to read it.

       

       
      • 9 replies
×

Important Information

{terms] and Guidelines