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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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asknod

r(1) CUE with prejudice

Question

Happy Thanksgiving to all my Hadit.com friends.I don't file very many CUE claims but when I do, I drink Dos Equis beer and turn on the fire hose as I did here trying to get something to stick. Boy howdy did it stick. Every error I pointed out was duly noted and addressed. The  gentleman I represent  is severely disabled. VA did their level best to take advantage of his pro se wife's absence of VA knowledge and deprive her husband of his lawful benefits. She filed for advanced A&A SMC (t) but he served in Vietnam-not post 9/11 and is not entitled to (t) by law. Fortunately, she found me here on Hadit and contacted me to right this injustice.

Instead of inferring the obvious entitlement to SMC r(1) rather than (t), they continued to deny for years. I immediately realized she needed VA to acknowledge the diagnosis of Parkinson's/LOU of lower extremities due to AO first and then put the carrot in front of them to lead to SMC (o) and then the pyramid to r(1). They chose to call it CUE which I disagree with but the result is still identical to what I sought. If his spouse had filed for Parkinson's in 2012 when they first figured the loss of use out, his effective date would have been 2012 and his retro would have been about $450 K for those five prior years. As it was , I was able to get it back to 3/2016. I'm debating filing a NOD on this one. Naw-just kidding. 

Ladies and gentleman Vets, this is exactly why Theresa invented Hadit.com and why I began asknod.org in 2008. What you don't know can hurt you. I'm blessed to be able to help others. I live that sentiment daily. I only wish these assets had been available to me in 1989. 

Win or Die (trying)

r1 redacted.PDF

LOGO THAT OTHERS MAY WIN.jpg

Edited by asknod
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Right on Alex

Great job my friend.

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Yes!~ Superb work Alex- you are so right------the VA is very comfortable with denying claims from any vet or their survivor when it appears the claimant has no basic knowledge of the regulations that control their specific claims.

I am still  concerned that about a decade  ago they tried to  get me to believe a regulation that the rater made up-----and could not produce anything in 38 USC, CFR,M21-1MR  to support his statement.

It really didnt matter....he denied SMC accrued by ignoring my medical evidence and then added that the veteran had "never requested SMC in his lifetime" so I sent the dope a copy of the SMC mandate, and long story but that was all finally resolved and awarded. I just wonder from time to time how many SMC claims were denied or never  even inferred for a rating, because the claimant and/or the VA rater didnt know what the SMC criteria is and how the mandate is supposed to work.

VA wants us to remain in the dark or depend on vet reps or VSOs who are also often  in the dark.

Recently Secretary Shulkin said that he did find the VA claims process to be arbitrary for many.

We here have known that fact for decades but he is the first VA Secretary to acknowledge that fact. 

But sometimes I think even very conscience raters will breeze through a lot of extemporaneous stuff from a claimant , some which might be probative information, but that gets lost in the drivel.

We have to keep it  as short and simple  as we can ,and to the point.

GREAT WORK Alex!!!!!!!!!!!!!!!

 

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Great story and well do in helping this vet.

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Great story and then end result for this veteran and his family. I hope to get the same help and result from my past failures with the VA.

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