Filing CUE for Chap 35 & No Future Exam

[MarkP]

It was pointed out to me that I should file a CUE because my final rating decision although at 100% is not "permanent. They left it open for future exams. The person who suggested it just got his P&T rating and no further exams by claiming M-21-1, III.iv.3.B.2.c & d. Basically, because he was over the age of 55. My rating is for 100% for leukemia (CLL) (I know the rating criteria has been updated) and I'm over 55. Looking at the M21-1 and I feel I match four criteria listed. My question would be if the disability Rating Schedule says "perhaps" I will get reexamined in the future thinking I'm going to get cured, would that rating decision take precedent over the M21-1, or 38 CFR? I feel my condition is "static" and I have been getting worse for the past seven years and seven months, I'm over 55, the disability is permanent in character and I'm not likely going to improve,  and the evaluation (rating) is the minimum for the DC. This disability is permanent and I'm not going to be cured. There is no cure. I do realize with treatment I could go into remission some day (perhaps) and I'll understand a reevaluation if that occurs. Thoughts?

[broncovet]

You posted:

Quote

My rating is for 100% for leukemia (CLL) (I know the rating criteria has been updated) and I'm over 55. Looking at the M21-1 and I feel I match four criteria listed.

My first impression is this is an opinion, which could be open to debate.  Maybe not, I have not reviewed your evidence, I only reviewed what you posted.  

The VA is not "required" to P and T anyone "just because" they are over 55.  

But, you can apply for P and T, and if you are unlikely to improve and the evidence supports it, you should get it.  

Cue is mostly about "effective dates", and its gonna be very hard to get your P and t backdated, and even then it may not mean your kids get 'RETRO" CH 35 BENEFITS. 

 

[MarkP]

On 1/5/2020 at 8:15 PM, broncovet said:

You posted:

My first impression is this is an opinion, which could be open to debate.  Maybe not, I have not reviewed your evidence, I only reviewed what you posted.  

The VA is not "required" to P and T anyone "just because" they are over 55.  

But, you can apply for P and T, and if you are unlikely to improve and the evidence supports it, you should get it.  

Cue is mostly about "effective dates", and its gonna be very hard to get your P and t backdated, and even then it may not mean your kids get 'RETRO" CH 35 BENEFITS. 

 

I wasn't looking to get a "back date", just lock in at 100% with chapter 35 for my daughter's college.

It has come to my attention that a "deferred decision" is something that lingers and isn't as good as a Final Decision. I understand that and I also understand that no decision is permanent for obvious reasons. I've already applied for the P&T under CUE, but was denied as the VA stated that I cannot do that because my claim is in "Appeal status". So on this one I guess I'm standing by for another C&P exam. I just didn't want to miss any deadlines with the VA.

[Vync]

2 hours ago, MarkP said:

I wasn't looking to get a "back date", just lock in at 100% with chapter 35 for my daughter's college.

It has come to my attention that a "deferred decision" is something that lingers and isn't as good as a Final Decision. I understand that and I also understand that no decision is permanent for obvious reasons. I've already applied for the P&T under CUE, but was denied as the VA stated that I cannot do that because my claim is in "Appeal status". So on this one I guess I'm standing by for another C&P exam. I just didn't want to miss any deadlines with the VA.

A "deferred decision" is neither good nor bad in comparison to a final decision, but it does suck having to wait for your claim/appeal to be completed.

If you do win 100% P&T status (via CUE or otherwise), the Chapter 35 benefits for your daughter would go back to the effective date. She would need to provide the usual proof of enrollment. She may also end up being eligible for CHAMPVA also, which can come in really handy.

[MarkP]

On 5/12/2020 at 4:13 PM, Vync said:

A "deferred decision" is neither good nor bad in comparison to a final decision, but it does suck having to wait for your claim/appeal to be completed.

If you do win 100% P&T status (via CUE or otherwise), the Chapter 35 benefits for your daughter would go back to the effective date. She would need to provide the usual proof of enrollment. She may also end up being eligible for CHAMPVA also, which can come in really handy.

Well at least the original "effective date" is good for any future P&T decision.  It would be nice to be able to communicate with a real person at the VA. I can't get a straight answer from anyone. I guess I'll continue to do what "I" think is the right thing and keep submitting. They will at least have to answer it one way or another.