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r(1) CUE with prejudice
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FormerMember
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
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FormerMember
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 how
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