Confused (sort of) about DAV Unofficial Notification

[OldJoe]

Got an unofficial notification from the DAV about my DRO appeal stating that they were giving me an earlier date for my tinnitus (that baffled me) and that they were granting me 40% for my back (degenerative arthritis).  My appeal was for secondary service connection for my knees, there was nothing about my knees in the "unofficial notification".

So I went to the closest regional off and was finally seen.  They looked up the "official" notification (SOC) from the VA and it stated nothing about my back but stated that they had denied me my secondary claim on my knees stating that the Dr couldn't find anything to connect my claim to either my back or the service (um, always thought knees went when back went, so secondary was almost a given, then again he did specialize in cardiology).

In someways I am not that surprised, but I am wondering about the "unofficial" notice both the "unofficial" and "official" where dated the same (July 5th) I cannot believe in a matter of a few moments the VA totally changed their decision.  So that has got me flummoxed.

What makes this unique is that if the 40% for my back was based on the one medical entry that they didn't use for my initial claim back in 95/96.  I was never able to get anybody to write me a nexus letter for this so I could "officially" reopen the case.  If the "unofficial" letter holds true and I am just waiting on other paperwork to be finalized then they have all but argued CUE and handed me a win without even trying (I know the VA will never give up that easily).  The entry stated scoliosis and that it was a recurring issue, their determination was based on an earlier entry and stated in black and white they could not find any other entries.  Can you say "gotchya"?

Getting a letter now for my knees should be easier since I have some indication that the VA does ("did") give some indication that they felt that my evidence did indicate connection to the service concerning my back.

Can anyone possibly clue me into what might be going on?  Did the DAV totally get it wrong?  Or, is this just part of the whole overall process and I am only seeing part of it?

[spearhead91]

Awesome OldJoe!  Looks really good. The RO's having to read period hurts us. But looks really good the word smithing and rewrites always help and you clearly have done that. You also have given me some thoughts on my CUE and for that I thank you.  The threading it together from point a to b and adding the REG at the right moment is where I get confused. So maybe others can critique also. *cough* Elders *cough*

[Buck52]

Old Joe About the only other thing I can suggest  if you have not did this already?

Request to get in Voc Rehab..if they test you and  if  they can't find anything you can do as for as employment ,the counselor can write you a letter stating  ''this veteran is un trainable  at this time due to his S.C. Disbility's '' Or something close to this.

That letter is gold  for IU.

If your medical records reflect that you can't work due to your disability and your Dr states that in his report   then you probably don't need this letter.

Just saying it helps.

[OldJoe]

Buck, I would love to take you up on that point, fortunately I am currently employed as a programmer for a state agency (unfortunately for me the state I work for is ranked 50th in the nation as far as employee wages).

I am one of those few individuals that by Gods grace made a few good decisions when I left the service and went to school full time and graduated.

Also, probably the only reason why my back is only as bad as it is.  I don't want to think what my life would have been like if I had gone into a more physically demanding job. 

Thank God that I have a wonderful wife that  help carry the family through those times. Won't say it was easy, there were times I really think she would have left me because of the courses I was taking and the fact that I was suffering from ADHD (though undiagnosed at the time)

I am very thankful she has put up with this think headed idiot all these years.

[OldJoe]

Thanks folks for the second pair of eyes.  When I get home tonight, if there aren't anymore suggestions I will copy and past this into the form and save it.

Then of course print multiple copies of it.

Is there anything else that needs to be included when I file this statement, or is that all there is to filing a CUE.

Seems, like basically punt, say several "Hail Marys", "Our Fathers", put on your "lucky" underwear that has never been washed, cross your fingers and hope...

[spearhead91]

1 hour ago, OldJoe said:

Buck, I would love to take you up on that point, fortunately I am currently employed as a programmer for a state agency (unfortunately for me the state I work for is ranked 50th in the nation as far as employee wages).

I am one of those few individuals that by Gods grace made a few good decisions when I left the service and went to school full time and graduated.

Also, probably the only reason why my back is only as bad as it is.  I don't want to think what my life would have been like if I had gone into a more physically demanding job. 

Thank God that I have a wonderful wife that  help carry the family through those times. Won't say it was easy, there were times I really think she would have left me because of the courses I was taking and the fact that I was suffering from ADHD (though undiagnosed at the time)

I am very thankful she has put up with this think headed idiot all these years.

I'm exactly the same way in that regard. If I had to do a physical job I would have had only made it about 10 years post service so there is the trade off with that, it delayed the inevitable and we continued to serve, just in other ways. I'd let your statement sit for night and not look at and hit it again, just a thought. Best of luck OldJoe.

[OldJoe]

Thanks a lot guys.

Don't know what I would have done without the help from this forum .