Jump to content

Announcements



  • veteranscrisisline-badge-chat-1.gif

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

  • Ads

  • Fundraising-001.jpegFund HadIt.com Veteran to Veteran LLC

    HadIt.com Veteran to Veteran Fundraiser
    Revenues are down, costs are up and I need your help. Financial gifts are always appreciated but never required. If HadIt.com has helped you and you can give back a little it is appreciated Give here https://community.hadit.com/donate/make-donation/

    Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 

  • Our picks

    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
        • Thanks
        • Like
      • 5 replies
    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
        • Like
      • 3 replies
    • Help HadIt.com stay online buy a subscription
      If you can afford it and want to help hadit.com consider buying a subscription this gives you as free viewing of the site and allows me to budget in subscription payments.
       

      You can try it for 1 month for $5 or get a monthly subscription or a yearly subscription.

      Subscribe here https://community.hadit.com/subscriptions/
      • 1 reply
    • VA has a special where we can ask questions TODAY, at 3:00 to "people that matter?"  Someone should ask why we can not ask them questions EVERY day, why today only? (This is a big problem with VA..the 800 number often does not give specific answers).  We should have people in VA who "solve Vets problems" like Allison Hickey did a few years ago. 
        • Like
      • 8 replies
    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
        • Like
      • 9 replies
  • Advertisemnt

  • 0
Sign in to follow this  
Berta

Read first if you think you have a CUE potential

Question

Please  scan and attach the decision you think holds a valid CUE-cover your C file #, name, address prior to scanning it.

And add  that to your CUE question post. It is easy to attach or paste from a scan here.

We really cannot opine on a possible CUE if we  cant see the decision.

 

 

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

I’ve got another one in the works. My lawyer submitted it after he noticed it; 

Status of Your Claim

  • Submitted: 06/21/2018 (Compensation)
  • Estimated Completion: 09/19/2018 - 11/25/2018
  • Disabilities Claimed: CLAIM FOR CLEAR AND UNMISTAKABLE ERROR FOR FAILURE TO GRANT SERVICE CONNECTION FOR RIGHT HAND ARTHRITIS ON AN AUGUST 1998 RATING DECISION (Reopen)
  • Representative for VA Claims: CHUCK R PARDUE
  • Current Status: Gathering of Evidence
  • I can take a picture or scan the decision letter back in 98 in which I claimed pain in my right hand. The VA In their infinite wisdom looked at my little finger that got crushed and never examined my pain in hand claim. After reviewing my smr it states that I complained about it and they diagnosed my hand with arthritis x 5 months. Here is the evidence on my CUE; 

C74A9A44-3EC3-4491-951E-2AE6FF701ACF.jpeg

7A583FBD-70BC-4156-93C8-EA0B4B7E5174.jpeg

C96F0FE2-DEBA-4504-AA10-7752930AA827.jpeg

1D0BAEC5-9245-4861-89A3-3B924BFBE949.jpeg

379BDEE7-86BD-4A57-A781-7E91A2A4034F.jpeg

Share this post


Link to post
Share on other sites
  • 0

I couldn't make the scans horizontal- cant read unless I print them off and I dont print off stuff here due to the HIPPA laws but based on what you stated here-if the hand disability was at a ratable level then- they seem to have definitely made a CUE in that decision.

Share this post


Link to post
Share on other sites
  • 0

Well, I pretty much "dont" dispute Berta's opinion, for 3 Great reasons: SHE IS RIGHT.  

However, Im a big fan of "not making something more difficult than necessary."  

The Cue "standard of review" is the most difficult to meet, reminding you the benefit of the doubt goes out the window.  

Reopening, due to 38 cfr 3.156 b or 3.156 c, would "preserve" the benefit of the doubt, and lower the "bar" you must jump over to win.  

Im not saying . "it isnt CUE", Im saying if you reopen due to new evidence, then the cue standard of review may not be necessary and you may be making things more difficult for yourself.  

Only a small portion of "errors" rise to the Cue standard of review.    That is, not all "errors" are CUE errors.  You have to show the error was not only undebatable and not a judgement call, but you also have to show it was outcome determinative and based on the evidence at hand.  

Lets use an example, and I dont know if this applies or not.  

In this example, lets say someone in VA messed up, and, for whatever reason "Evidence A" was not in your file.  The decision maker renders a decision not considering "evidence a".  Well, this is unlikely CUE because the decision maker rendered a decision based on what evidence he had available at that time.  The procuedure here is not to file a CUE, because that unfairly does not give the Veteran the benefit of equipose, and instead means his evidence has to be undebatable.  In this example, you could win benefits by reopeing due to new and material evidence, but you could get a cue claim denied.  One reason for this is because the VA's failure to due the Duty to assist is not cue, but would often be considered "harmless error".  It would be your responsibility to show that who ever did not consider this evidence was an "outcome determinative" error.  

Another example in this same tune is if the VA decision mis spells a word.  They leave off an "i".  Well, a spelling error would unlikely be outcome determinative, so it would instead be called "harmless error", and not cue.  There are many "harmless errors" VA can make and sometimes its hard to know, for sure, if that error would up being "outcome determinative".  

My suggestion is to try reopening the claim based on new evidence.  If this fails, then you can still file a cue motion because there is no time limit on cue motions.  

The key here is understanding that unadjuticated claim is pending.  A claim remains pending until finally adjuticated.  There is no time limit.  You see, when you reopen a "pending" claim, you get the effective date you opened the claim originally, see 38 cfr 3.156 b.  Its about the "pending claim" doctrine, which is somewhat complex.  Suffice it to say a claim remains pending until "finally adjuticated".  

Its possible, or even likely, that a motion for Cue is denied because the claim is pending, as cue errors apply only to finally adjuticated claims.  

Example:  You apply for benfits, VA "forgets about" your claim for 5 years.  You get mad and file a Cue.  VA denies your Cue claim because they simply say, "Oh, we are working on your claim.  We are really sorry (gee isnt that backlog awful?) but we will get to your claim as soon as we can, but must deny your cue, as it isnt a finally adjutciated issue.  

Share this post


Link to post
Share on other sites
  • 0

 I Agree with broncovet here,

I've always went on the CUE philosophy that if it will change the outcome DECISION in the Veterans favor  File CUE. if it don't...Don't file CUE.

And broncovet gives some good examples. 

Edited by Buck52

Share this post


Link to post
Share on other sites
  • 0

I just wanted to point out  for veterans that use pencil for lay statements or from Dr's medical notes   make sure you use ink or type write all your correspondence from now on  on your claims application and any paper you write on and submit to the VA

THIS IS COPIED OVER AND THE MACHINE THEY USE WILL NOT COPY PENCIL LEAD..IT NEEDS TO BE DARK INK OR DARK TYPING.

or it will not transfer over to where you can read it...all this stuff is placed in your C-FILE and when it don't copy  its useless.   the paper will be there but blurry as to where you can't read it  or just a blank sheet of paper that did not copy over.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
        • Thanks
        • Like
      • 5 replies
    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
        • Like
      • 3 replies
    • Help HadIt.com stay online buy a subscription
      If you can afford it and want to help hadit.com consider buying a subscription this gives you as free viewing of the site and allows me to budget in subscription payments.
       

      You can try it for 1 month for $5 or get a monthly subscription or a yearly subscription.

      Subscribe here https://community.hadit.com/subscriptions/
      • 1 reply
    • VA has a special where we can ask questions TODAY, at 3:00 to "people that matter?"  Someone should ask why we can not ask them questions EVERY day, why today only? (This is a big problem with VA..the 800 number often does not give specific answers).  We should have people in VA who "solve Vets problems" like Allison Hickey did a few years ago. 
        • Like
      • 8 replies
    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
        • Like
      • 9 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines