Jump to content
  • 0
Sign in to follow this  
Lena

Denied Left foot 2013....Filed NOD before year deadline...Sc left foot 2018...Do I have CUE?

Question

Recommended Posts

  • 0
On 9/26/2019 at 4:02 PM, Lena said:

 But I was wondering if I can dispute earlier effective date back to 1986 when I was first diagnosed with left foot disability in MEB report.

any retro pay can only go back to when you first filed the claim not the date in service that you got the diagnosis.

For example if you were diagnosed in 1986 but did no file until 2000, 2000 is the earliest date you could possibly get retro too. The one caveat is if you filed within a year of getting discharged. those veterans can get retro to the day after their discharge date. I am not sure when that rule was implemented but based on my reading of your post it may not apply to your situation.

23 hours ago, Lena said:

If I decide to go CUE route(they denied original claim and granted same benefit sought using same evidence)...what law and regulation would I use? And also, if I won...how would that give me more retro? 

I have already received retro when they denied me on my original claim and won my NOD on that same claim

We would need to see ALL your decision awards and denials and the DBQ;s.

Redact them and post.

if you chose not to post, then no one here can really give you an on-point answer.

The reason is that a CUE, unlike a NOD, must be based on documented fact that is unarguable by a reasonable person. That means that the actual words matter. Not your opinion of them. Not the line you think is important but the entire document you are trying to attack.

We humans like to read things to our liking, and that does not fly with a CUE.

  • Like 1

Share this post


Link to post
Share on other sites
  • 0
2 hours ago, GeekySquid said:

any retro pay can only go back to when you first filed the claim not the date in service that you got the diagnosis.

For example if you were diagnosed in 1986 but did no file until 2000, 2000 is the earliest date you could possibly get retro too. The one caveat is if you filed within a year of getting discharged. those veterans can get retro to the day after their discharge date. I am not sure when that rule was implemented but based on my reading of your post it may not apply to your situation.

We would need to see ALL your decision awards and denials and the DBQ;s.

Redact them and post.

if you chose not to post, then no one here can really give you an on-point answer.

The reason is that a CUE, unlike a NOD, must be based on documented fact that is unarguable by a reasonable person. That means that the actual words matter. Not your opinion of them. Not the line you think is important but the entire document you are trying to attack.

We humans like to read things to our liking, and that does not fly with a CUE.

First off, let me just say thank you for answering my questions so promptly.

i just thought by me going through the MEB(Medical Evaluation Board) process in 1986 , that was considered an informal claim for my disability.  I was rated suitable for duty, but with a permanent disability rating on my left foot.  Anyway, thanks so much for explaining things.

 

Share this post


Link to post
Share on other sites
  • 0

Have you considered using that retro to get a IME+O. With the zero information you gave us, you need to give us more. The zero information you gave us, you do not have a CUE. 

 

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  

  • Similar Content

    • By LLB
      Was looking for a NAVY MOS list that showed noise levels for my rating, which is now obsolete (BT). Found one I had not seen here. Maybe I just missed it.
       
      Duty-MOS-Hearing-Loss-Probability-Chart-VA-Fast-Letter-10-35.pdf
  • Ads

  • Our picks

    • Precedent Setting CAVC cases cited in the M21-1
      A couple months back before I received my decision I started preparing for the appeal I knew I would be filing.  That is how little faith I had in the VA caring about we the veteran. 

      One of the things I did is I went through the entire M21-1 and documented every CAVC precedent case that the VA cited. I did this because I wanted to see what the rater was seeing.  I could not understand for the life of me why so many obviously bad decisions were being handed down.  I think the bottom line is that the wrong type of people are hired as raters.  I think raters should have some kind of legal background.  They do not need to be lawyers but I think paralegals would be a good idea.

      There have been more than 3500 precedent setting decisions from the CAVC since 1989.  Now we need to concede that all of them are not favorable to the veteran but I have learned that in a lot of cases even though the veteran lost a case it some rules were established that assisted other veterans.

      The document I created has about 200 or so decisions cited in the M21-1.   Considering the fact that there are more than 3500 precedent cases out there I think it is safe to assume the VA purposely left out decisions that would make it almost impossible to deny veteran claims.  Case in point. I know of 14 precedent setting decisions that state the VA cannot ignore or give no weight to outside doctors without providing valid medical reasons as to why.  Most of these decision are not cited by the M21.

      It is important that we do our due diligence to make sure we do not get screwed.  I think the M21-1 is incomplete because there is too much information we veterans are finding on our own to get the benefits we deserve

      M21-1 Precedent setting decisions .docx
        • Thanks
        • Like
      • 5 replies
    • Any one heard of this , I filed a claim for this secondary to hypertension, I had a echo cardiogram, that stated the diagnosis was this heart disease. my question is what is the rating for this. attached is the Echo.

      doc00580220191213082945.pdf
      • 7 replies
    • Need your support - T-shirts Available - Please buy a mug or a membership
      if you have been thinking about subscribing to an ad-free forum or buying a mug now would a very helpful time to do that.

      Thank you for your support
      • 18 replies
    • OK everyone thanks for all the advice I need your help I called VSO complained about length of time on Wednesday of this week today I checked my E benefits and my ratings are in for my ankles that they were denying me 10% for each bilateral which makes 21% I was originally 80% now they’re still saying I’m 80% 

      I’m 50% pes planus 30% migraine headaches 20% lumbar 10% tinnitus and now bilateral 21% so 10% left and right ankle Can someone else please do the math because I come up with 86% which makes me 90 what am I missing please help and thank you
    • I was denied SC for IBS and GERD IN 2011. In 2019 I was awarded SC for GERD. This CUE  is for 2011, both GERD and IBS. There are some odd aspects regarding the 2011 decision, the way it was written and the C&P report and the way it was written. I've tried to present this as clearly as I can. Note: the decision contradicts itself. the decision also contradicts the C&P Report. Honestly, I think the rater just got confused because the C&P was so poorly written. *THIS CUE HAS NOT YET BEEN SUBMITTED*Please let me know what you think. Appreciate all comments and suggestions. Thanks.

       

      VA RATING DECISION MARCH 23 2011 GERD IBS.pdf C P REPORT 7312010 GERD IBS.pdf GERD IBS CUE 2011(1).pdf

      C P ADDENDUM REQUEST RE DIAGNOSIS 7232010.pdf
      • 56 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News


  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 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

×
×
  • Create New...

Important Information

{terms] and Guidelines