cue or not to cue....

[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 May 29, 2018 by paulcolrain

[Oceanbound]

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!

[broncovet]

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.  

[paulcolrain]

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??????

[paulcolrain]

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 ....

[Buck52]

Paul, send your NOD and or CUE TO THIS ADDRESS.

 Dept of Veterans Affairs

. CLAIMS INTAKE CENTER PO BOX 4444. JANESVILLE, WI 53547-4444.

[paulcolrain]

thank you buck...