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

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    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

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wood78221

IMO not listed

Question

I just recently received a decision (award) on part of my claim. I noticed on the letter that they sent me telling me what evidence they reviewed, it did not have my IMO listed on the list. Does this mean they did not consider it? I did receive a favorable CP exam, and I also sent in a nexus statement from my treating doctor as well. I also went to see Dr. Ellis also. The Ellis/treating doc records were not listed. This has me concerned that my next claims that will be decided might be at risk. Thoughts? Would this have been a CUE if denied?

 

Thanks

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Here is the CUE- tweek as needed-----

This link holds one of many CUE claims I have posted here for vets-

https://community.hadit.com/topic/71863-need-help-fast-on-this-cue-because-they-want-me-to-change-it-to-nod/page/2/

I will change the above CUE  a little because this is not quite the usual CUE situation I see here:

 

To VARO                                                                                       Date:

                                                                                                       C file #

          Attention to -put here the alphanumeric code on the upper right hand side                                                                            of   the  decision- the alpha is initials for the last person who handled your claim )                                                                                                           

This is a claim of CUE (Clear and Unmistakable Error) under auspices  of 38 USC 5109 et al.

In your ( date here ),    decision , you violated regulations within 38 CFR 4.6. Exhibit A.

“Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law. “ 38 CFR 4.6.

Although the decision awards for  ( put that here), there are 3 other claims pending, and they all regard an Independedent Medical Opinion from Dr. Ellis that is Not listed as evidence, yet you received his opinion on 

(date) if you have a USPS tracking slip or state when you sent it to them.)             Exhibit B

Without proper consideration of this opinion, it could manifest a detrimental  outcome to me ,when the other claims are decided..

Exhibit A   Copy decision dated ( date)   _ pages                            Sincerely,

Exhibit B   Copy IMO from Dr. Ellis dated (date)  __pages.            

-----------------------------------------------------------------------------------------------------------------------------------------------------------

Maybe this can be sent via ebenefits? I have not used that system for years- others will advise.

It may have impacted on the rating for the awarded claim(claims), if they were not the rating you expected.

If you feel that is possible, tell them that too.

 

 

 

 

 

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Actually I think you can Fax the CUE to Janesville Intake Center-

VA should have attached an enclosure with the award that would give you the Fax number - I am not sure the #  have is the right one ...but others here have it and will post it.

 

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Posted (edited)

I just filed a White House complaint on a C & P exam I got.

I won that claim but realized that it was one more case whereby the VA C & P exams were deficient ,for every issue I ever had with the VA. 

My point is, if we accept any C & P exam results that reveal a lack of proper information based on the medical record and our evidence, we need to fight back right away ,before the BVA gets the case- years down the road....

I have read BVA decision ever since BVA came on line and MANY if not MOST of those appeals that were granted at BVA, or remanded , should not even be at the BVA at all.

This is why we have a tremendous backlog.

Valid probative claims are denied at ROs, because they dont know what they are doing or they simply dont care.

As I said before the Director of my VARO ( she has been there for close to 20 years) does not even know basic VA case law- or she does, but thought she could make up some Title 38  BS and that I would accept it.

If your spouse is not PC literate, and you die- the spouse will be victimized by the ROs and probably their claim for DIC or accrued will be denied erroneously. 

It is easy to say appeal to the BVA and more difficult to see if a CUE has occurred.

Some of those lazy assed vet reps and VSOs usually never mention CUE , they probably wont recognize a CUE in a decision and if they do they probably wont take the time to really assess the potential of filing one.

It is far easier for  vet rep to say appeal to the BVA because CUE involves thinking and reading.

Edited by Berta

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4 hours ago, Berta said:

Actually I think you can Fax the CUE to Janesville Intake Center-

VA should have attached an enclosure with the award that would give you the Fax number - I am not sure the #  have is the right one ...but others here have it and will post it.

 

I just tried to fax it but it was busy. Shocker. I will try again

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I finally got it faxed over. I had technical problems with the IRIS site filing a complaint. I am not sure how to find out if it actually went through when I tried to send the complaint in. 

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