CUE Granted, EED Partial

[kevlarsamurai]

Greetings,

Without going into everything, I am in a unique position.  The bottom-line question I am not understanding is when you have a respiratory condition that the schedule of rating only grants compensation based on a Pulmonary Function Test, does the BVA have flexibility to use extra-scheduler authority to rate the condition?  Almost all respiratory conditions come down to the PFT numbers I believe.  But what about when the VA grants a CUE and there are no PFT's on record during the period being corrected? 

On a BVA remand, I was granted a CUE by the RO changing a 1995 NWG contention to 0%.  Which created the grounds for a granted EED on my appealed 2010 contention to the earliest PFT on record (2009).  That was the furthest that decision maker could go.  Leaving a 14 year gap between a 0% rating and a 100% rating.

This was an extremely hard fought claim to prove service connection.  It was adjudicated three times at the RO because of admin errors.  Now that it is headed back to the BVA for final adjudication because it was a partial grant, I have only symptoms to present and no PFT's.  Thank you in advance for thoughts, suggestions and comments.

S/

K

[broncovet]

Read your medical file for that lost "14" years.  Try to find an exam where you reported worsening symptoms.  Isnt it just like VA to "grant" you a CUE at 0%?  Since this is a massive amount of money, take it to a lawyer.  You will wind up getting one anyway, because GS7 raters dont have the authority to award documents that result in 100k retro.  That will need to be done by a judge.  

 

[kevlarsamurai]

36 minutes ago, broncovet said:

Read your medical file for that lost "14" years.  Try to find an exam where you reported worsening symptoms.  Isnt it just like VA to "grant" you a CUE at 0%?  Since this is a massive amount of money, take it to a lawyer.  You will wind up getting one anyway, because GS7 raters dont have the authority to award documents that result in 100k retro.  That will need to be done by a judge.  

 

Greetings,

Thank you for the response.  I have enjoyed your informative posts on here for many years now.  Unfortunately, after military service, there are no medical records until I came back to the states and started going to the VA.  That is the 14 year gap.  Call it one part hard head and one part couldn't afford health insurance in Germany. 

When I decided to appeal, I did send my stuff off to three different "Veteran Friendly," law firms.  All three wouldn't take me because it was based on a CUE.  I am a little hesitant (and spiteful) to go to a lawyer now after all the heavy lifting has been done.

I am OK with the RO's decision.  The decision maker was the local office director.  I understand, like you said, their hands are tied without documentation they can award based on the schedule of rating.  First time I felt treated fairly.  First time I felt my claim was actually read entirely.  Took three years, but hey...

I have written up a personal statement and I think it would be great if you folks could review it and tell me your thoughts.  I plan on submitting it to forward with my SSOC to the board.  It's a compromise and I don't know if I am being to forward in suggesting it.  Thank you again.

S/

K