CUE UPDATE

[RBrogen]

Happy Holidays Everyone,

I wanted to let those of you who are interested know that the cue I filed for change of effective date from March 2018 to October 1999 is now in the "Preparation for Decision" status.  I mailed the formal CUE September 17, 2019 and it went to "Preparation for Decision" status today.  Now I'll be on pins and needles until I get the decision packet in the mail.  I'll keep you all posted!

Best,

[Vync]

37 minutes ago, shrekthetank1 said:

I have to somewhat agree with what he said as if you don't tell them every little detail then it will hurt you in the end.  

Yeah, that can definitely help, but just make sure they don't go into too much detail when typing up the claims. If you make the scope too narrow the C&P docs will also narrow their focus. I learned this earlier this year when my VSO asked why I thought my heart attack should be SC. I vaguely recall telling him I thought it was due to NSAIDs. That's exactly what he wrote and what the C&P doc checked. Even though I told the doc it might have been due to other meds, they focused only on that class of meds and denied my claim. Now, I advise being somewhat vague, like "heart attack due to meds used to treat SC disabilities, plus any secondary conditions". Cover your bases.

[Vync]

19 minutes ago, RBrogen said:

I also have at least one more claim to get fixed where I am currently rated for Right Upper Radiculopathy 20% and Left Upper Radiculopathy 20% for mild paralysis.  During one of my last claims I had 2 C&Ps, both of which included an exam for peripheral nerve issues where they diagnosed moderate paralysis of Lower Radicular Group (left and right) as "Moderate".  I figured I would get my cue claim done first and then have them fix this since it will not have any impact on my rating since it is at 100% P&T.  This is more to make sure they have properly rated all of my conditions.

It's tricky because you need to know where they define mild/moderate/severe. When I got mine, it was in M21-1, not in the rating criteria. The problem with M21-1 is it changes frequently. Not certain you can just look up old versions like you can check changes in 38 CFR in the Federal Register.

[RBrogen]

Just now, Vync said:

It's tricky because you need to know where they define mild/moderate/severe. When I got mine, it was in M21-1, not in the rating criteria. The problem with M21-1 is it changes frequently. Not certain you can just look up old versions like you can check changes in 38 CFR in the Federal Register.

Yes It's actually in multiple areas but for discussion they lower radicular group, mild paralysis is rated at 40% dominant side and 30% non-dominant side.

[RBrogen]

UPDATE:  Claim has changed to "Pending Decision Approval"

[Dustoff1970]

RBBrogen can you tell me if and what VA form you used to file your CUE claim or did you do it in letter form as I did my CUE in 2000 direct to the VARO.  My CUE claim was 6 page letter type single space with of course spaces between paragraphs.  Glad to hear of your latest claim status and good luck. Thank you in advanced.

Edited January 3, 2020 by Dustoff 11

[RBrogen]

1 hour ago, Dustoff 11 said:

RBBrogen can you tell me if and what VA form you used to file your CUE claim or did you do it in letter form as I did my CUE in 2000 direct to the VARO.  My CUE claim was 6 page letter type single space with of course spaces between paragraphs.  Glad to hear of your latest claim status and good luck. Thank you in advanced.

At first I didn't use a form and mailed it in.  When I did a followup about 6 weeks later, I was told that it was sitting in the portal because it didn't have a claim form.  I created a claim form using e-benefits though ultimately caused more confusion as the claim only allowed me to request an increase not an earlier effective date.  After speaking to other VA reps at the RO they all agreed there was no need/requirement for the form.  After a couple of calls and and inquiries submitted to the RO, they finally removed the additional claim document and left just the cue.