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.
I am not an attorney or an a credited VA rep. These are my personal opinions and experiences, always remember what worked for me may not work for you.
You as the veteran are your own best advocate and no one knows your disabilities better than you. It is highly recommended that you as the veteran research and verify that any opinion given meets your specific situation.
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paulstrgn
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
I am not an attorney or an a credited VA rep. These are my personal opinions and experiences, always remember what worked for me may not work for you.
You as the veteran are your own best advocate and no one knows your disabilities better than you. It is highly recommended that you as the veteran research and verify that any opinion given meets your specific situation.
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paulstrgn
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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