paulcolrain Posted May 26, 2018 Share Posted May 26, 2018 (edited) ok so ,,,, if you read back on some of my posts you will see the issues i was having with the va, long short.. i was : 20bilat 20bilat 20bilat 20bilat and 40 = 76.4 PAYS 80 NOW IM, 40 bilat 20bilat 20bilat 20bilat and 40. = 83.4 PAYS 80 Edited May 29, 2018 by paulcolrain Link to comment Share on other sites More sharing options...
0 Oceanbound Posted June 29, 2018 Share Posted June 29, 2018 Great to hear. Donate some of that retro to this site that provide a platform for us. For that without it we would still be in the dark ages! Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted June 29, 2018 Moderator Share Posted June 29, 2018 Congratulations!!! So, if I understand what you posted, (not always a good assumption), you had a claim pending (with new and material evidence), and VA "dropped it", and your persistentce got them to pick it up again. The claim REMAINS pending after you submit new evidence within the appeal period. It does not expire. The "claim" then becomes one that VA must adjuticate "Did the Veteran submit evidence that meets the "new and material" criteria?" If the evidence submitted was "new" (not present in your file prior to submission) and probative (material), then you should get it reopened. The "bar" to get it reopened is low. Your evidence does not need to be outcome determinative, it needs only to be "plausable" that you could be entitled to more benefits because of this evidence. You see, once your claim is "reopened", its pending and you can still submit more new evidence to clarify any possible (evidence) defects. Lets use an example: The VA denies you because you dont have a nexus. You submit an IMO/IME where you do have a nexus, within a year of your VARO decision. However, you look in your file and see that your symptoms are not documented, so you go to the VA doc and he documents your symptoms. (WHILE this reopeing under 3.156b is still pending). This means you should get the effective date as the later of the date you applied, or facts found. Link to comment Share on other sites More sharing options...
0 paulcolrain Posted July 28, 2018 Author Share Posted July 28, 2018 so the strange thing here is,,,,, this claim was in appeal status going to 2009 date of reopened .... (well actually 2004 because of service treatment records but thats another matter later).... so when i won this part from bva judge granting service connection the judge signed his grant on august 15 2017... from there it went to AMC for them to determin the rating.... while its at the AMC for rating Determination it is my understanding that they should be giving the vet the highest of any rating possible... well they didnt. so i cue'd this. then when i won the cue they are saying that the increase happend while on appeal b4 decision but it they are only giving me a 2015 effective date per medical eval....THE MEDICAL EVAL INFO WAS IN FRONT OF RATER WHO KNEW THAT THE EFFECTIVE DATE OF THIS ORIGINAL SERVICE CONNECTION NEEDED PER JUDGE ORDER TO BE AS THE 2009 ORIGINAL DATE...... THEN I GET INFO SAYS THAT DELUCA DOESNT APPLY TO ORIGINAL CLAIMS .... ONLY APPLYS TO INCREASE CLAIMS...LIKE WHAT?????? Link to comment Share on other sites More sharing options...
0 paulcolrain Posted August 2, 2018 Author Share Posted August 2, 2018 where does my nod or new cue go... who do i send it to is my new problem. not even my vso can really give me an absolute .... Link to comment Share on other sites More sharing options...
0 HadIt.com Elder Buck52 Posted August 2, 2018 HadIt.com Elder Share Posted August 2, 2018 Paul, send your NOD and or CUE TO THIS ADDRESS. Dept of Veterans Affairs . CLAIMS INTAKE CENTER PO BOX 4444. JANESVILLE, WI 53547-4444. Link to comment Share on other sites More sharing options...
0 paulcolrain Posted August 7, 2018 Author Share Posted August 7, 2018 thank you buck... Link to comment Share on other sites More sharing options...
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paulcolrain
ok so ,,,,
if you read back on some of my posts you will see the issues i was having with the va,
long short..
i was :
20bilat
20bilat
20bilat
20bilat
and 40 = 76.4 PAYS 80
NOW IM,
40 bilat
20bilat
20bilat
20bilat
and 40. = 83.4 PAYS 80
Edited by paulcolrainLink to comment
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broncovet
No offense, but give us a summary, of "your" reasons its CUE. Cite the specific regulation(s) you think VA violated. You have to show that any error they made was outcome determinative. If they for
Berta
"MAY 25 I WAS GRANTED AN INCREASE FOR THE 5252 FOR ABDUCTION WITH AN EFFECTIVE DATE OF THE REOPENED CLAIM OF MAY 16. RATER ONLY USING LATESTS C&P FORM 2018 AND TOOK THE WHOLE THING AS A CLAIM NOT
paulcolrain
got my update..... RO corrected there error and increased me... now on to get the correct E Date... thanks Hadit for all your Help once again... a win!!!
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