Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    143%
    $2,153.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 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
     
  • 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

  • 0

CUE turned into an Appeal now SOC


Question

I am confused as always by the VA decision. Long story short I filed a CUE, it took several tries to get them to accept it. On 1/7/2020 the VA sent me a SOC (redacted copy attached) which confuses me. In the CUE I had stated the VA failed to read all of the DBQ completed by LHI for a increase for my hand. They originally left the hand at the same rating (10% for thumb) and 0% for the other fingers. The original DBQ showed that because of the limitation of my index finger I should have also been given a 10% rating for it as well.

According to the SOC the VA agreed with me and gave me 10% for the index finger and also 10% for my long finger (I did not expect this). I now have three ratings of 10% each for my thumb, index finger, and long finger (I also received the max of 0% for the other two fingers).

I am confused that according to VA.gov my claim is still open because they could not completly grant my appeal. Now I did ask for the highest possible rating as well as stating I may qualify for SMC K for loss of use of my right hand (I always add statements such as these just in case I may actually qualify for them.

It what I concerned about with the SOC I may be over looking something very important, I am satisfied with the rating of my right hand at this time. 

Attached is a copy of the SOC, screen shot from VA.gov, and a copy of my CUE (may not be the best written but I believein keeping them short).

Please look at them if you have time and let me know if I am missing something that I need to file an appeal for, at this time I do not plan on filing anything with the BVA.

Thanks in advance.

SOC and Decision 1-7-2020.pdf Track Claims_ Hand_VA Website.pdf Clear and Unmistakable Error by the VA - copy.docx

Link to post
Share on other sites
  • Answers 7
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Popular Posts

Just got off the phone with Peggy and was told that I will receive another letter from the VA. From what I was told is the SOC is the DROs decision and now the ROVA wrote up the decision and calculate

Recommended Posts

  • 0
  • Moderator

I agree this is confusing, and Im on my way out the door.  Still, it says you filed an ITF on/about May, 2019, so they gave you that effective date instead of your July CUE.  Did you file an ITF?

It would appear this is an adjutication of your ITF, not of the CUE.  Perhaps the cue is still pending.  

I did notice that you did not specify the date of the decision to which you allege CUE.  This probably confused VA as it confused me.  Of course I dont have your entire cfile in front of me.  Again, I read this quickly so please dont attack me because I quickly read this and may well have gotten some stuff wrong as a thorough reading was not practical at this time.  

My advice is, that if you dispute the disability percentages or the effective dates, file an appeal.  

Its especially confusing because an SOC indicates legacy appeals, while my guess you would be in AMA, but, I dont know your timeline. 

Dont hold me to all this, it was just a hurried answer and you deserve a more thorough answer, I just dont have time to give it NOW.  

Link to post
Share on other sites
  • 0

Bronco I originally filled for an increase back in 5/2018 for my hand. I went to the C&P which was done by LHI. I had a pending FOIA for my C-File at the Rome and when I did receive it it had the C&P from LHI where I discovered that the VA failed to rate my one finger. That is why I filed a CUE. 
When I read the SOC I discovered that the VA awarded me 10% for both the index and long finger each. I was only looking for one finger not both. I am more than pleased to be since I I did get an additional 10% for the long finger. 
I did not expect the VA to award me loss of use, but I asked just in case. 
i am just confused why the case is still pending with the VA. Like I said I got what I asked for and more. Now I did not ask for a specific percentage for I don’t want to give the VA an excuse to low ball me, if they want to give me 20% I do r want to let them know I would be happy with 10%.

i appreciate you looking at this Bronco, I just want to make sure I am not over looking something is all. I don’t think the BVA will give me more, but I could be wrong. I will re-read the SOC again and see if I am missing something.

Thanks again Bronco.

Link to post
Share on other sites
  • 0

If you have a VSO on file, you can get them to give you the answer to this. I have Legion as representative (they never helped me file a claim). They are allowed to get into the system and find these details for you.

Link to post
Share on other sites
  • 0

I had a VSO once and decided they were no help to me. I finally got them removed and not had one since.

Thank you for the suggestion Pwrslm.

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.

  • Ads

  • Ads

  • Ads

  • Our picks

    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 10 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
        • Like
      • 53 replies
    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
        • Like
      • 13 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines