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  • 14 Questions about VA Disability Compensation Benefits Claims


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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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CUE turned into an Appeal now SOC


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

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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

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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.  

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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.

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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.

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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.

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