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Filed 3 CUEs, have 3 C&P exams: Question...

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mrstephens11

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Good news, I filed three CUEs and now have three C&P exams.  Great news, it's with the VES and not the VA.  The best news, I've seen one of these VES Doctors before and he rated the disability exactly correct!

My question is, since I was given the C&Ps for the three disabilities that I filed the CUEs against, does this mean that the VA is agreeing that they made a CUE?  I understand the exams still have to happen for the rating portion, but does this mean the bureaucratic part of the VA agrees there was a mistake?  Logic tells me "yes, why would they schedule an exam if they were just going to deny the CUE."  However, this is the VA and logic is hard for them.

Last night I was going through my records to get them ready for the C&Ps.  While I was doing this, I found another CUE that if accepted will net me another 10% back to 2005.  Go through your records, DBQs, and Rating Decision letters, you might have CUEs just waiting to be found!

 

Thank you,

Stephens

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The C&P went well.  I really feel the VES is full of pro Veteran doctors, at least the two that I have seen.  We will how the next C&P goes.

 

I will file NODs and CUEs until I get the rating that I am entitled to.  I've fired the TVC and tell other Vets to come here and look at Chris Attig's website for information.  I've found the right people to listen too!

 

 

 

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Hello,

I got 2 of my CUEs awarded and 1 denied.  I haven't gotten my BBE yet so I'm not sure why they didn't clear the other one.  While I got 20% for one and 10% for another, my over all rating didn't change.  I'll have to get them to CUE them selves on the effective dates.

It feels good to finally be rated for both of my knees after 12 years.  I was discharges for bi-lateral chondromalacia and a decade later was award 10% for one knee, and denied service connection for the other.  So now I have them both rated and I feel vindicated.

Thanks for all the help.  I'll post back with more information as it comes to me.

Cheers,

Stephens

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"I feel vindicated." !!!

That is a great feeling to have when one wins a CUE!

And so much for that  lazy assed TVC rep you had.

You did the leg work and this thread should inspire others.

In November you said:

"Go through your records, DBQs, and Rating Decision letters, you might have CUEs just waiting to be found!"

You are SO RIGHT!!!!!!!

Thanks for the update and the good news!

 

 

 

 

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I will put the CUE information up when I get the BBE.

I know I want to CUE the effective dates.  Is their a SOP for filing a CUE like Berta did in the appeals period?  I've read around here and it looks like it's still a new tactic.  If someone can point me to the right thread or give me some advice I will make a new thread with how I did it and how it goes.

Second question, I have a bilateral condition, 10% and 10%, which should add up to 1.9% with the VA's math.  How is that counted in towards my rating?  I don't see it in Ebenefits.  Is that 1.9% rounded down to 0% or is it rounded up to 2%?  Here is a break down of my ratings.  I think this only gets me to 82% if we use VA math.  Is that right?  God that just feels so wrong.

  1. 70%
  2. 20%
  3. 10%
  4. 10% 10% Bilateral

Thank you all,

Stephens

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So all three of my CUEs where denied. 

All three of my CUEs where for denied service connection due to lack of evidence in my record.  I had STR evidence that wasn't in my C-File and I attached it for all three of the CUEs when I filed them.  The VA took this as an opportunity to reopen my claims.  I was awarded 20% for hemorrhoids, 10% for painful motion of knee, and denied hearing loss because they said I hear fine.  The two effective dates are the date that I submitted the CUEs.  Here is what the RDL (ratings decision letter) said.

Quote

The effective date of this grant is October 17, 2017.  Service connection has been established from the date the VA received your claim.  When a claim of service connection is received more than one year after discharge from active duty, the effective date is the date the VA received the claim.

A clear and unmistakable error was not found in the previous rating decision dated September 2, 2015. The rating decision denied service connection for hemorrhoids because evidence of record at the time showed no evidence of hemorrhoids. Therefore, an earlier effective date establishing service connection was no shown.

I believe, that by entering the STR from the navy medical doctors and that the VA stated the "evidence of record at the time showed no evidence of 'symptom'", that 38 CFR 3.156(c) should apply and I should be granted an earlier effective date since I filed a claim for these disabilities with in one year of my discharge in 2005.  Would someone please chime in and tell me if that is correct?  Here is a link to the code (https://www.law.cornell.edu/cfr/text/38/3.156)  Here is a link to the https://www.veteranslawblog.org/the-ultimate-va-claims-effective-date-checklist-how-to-get-an-earlier-effective-date-in-your-va-claim-or-appeal/ where I found out about this.

So I think I can NOD or CUE the effective dates.  Should I ask for DRO review and point this out?

Edited by mrstephens11
To make post clearer.
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