CUE Update

[RBrogen]

I wanted to send out an update on my CUE claim.  As I suspected from the process and response, I received a denial decision letter today.  They denial almost verbatim regurgitated the same statements from the original denial in 1999.  It's like the reviewer simply read the original denial, retyped it and said too bad without addressing the issue of probative values and presumption of sound condition.  My question is for next step, should I go through the process of Higher Level Review to see what they say before going to the Board of Appeals to exhaust every option before hand.  Any thoughts would be greatly appreciated.

Best,
Randy

Edited January 21, 2020 by RBrogen

[RBrogen]

I actually called the White House VA complaint line and they said they will have someone reach out to me to ensure I have my call before the final decision on the HLR is registered.  Not sure if that is going to change anything as it is apparent they are using the HLR to flush things through as quickly as possible and not really do any meaningful review of a decision.  Regardless, I'll continue to shoot, move and communicate! :)

[Vync]

21 hours ago, RBrogen said:

I actually called the White House VA complaint line and they said they will have someone reach out to me to ensure I have my call before the final decision on the HLR is registered.  Not sure if that is going to change anything as it is apparent they are using the HLR to flush things through as quickly as possible and not really do any meaningful review of a decision.  Regardless, I'll continue to shoot, move and communicate!

Back in 2012 and 2013, I received callbacks about a couple of claims before the decisions were finalized. In one case, it was spot on. However, another they had to go back and retool it a bit to get it right.

With the two CUEs I placed in September 2019, in the original submission, I requested a callback before the decision was finalized because I had a strong feeling they were going to screw it up again.

Due to the repeated unnecessary delays, I called the WH VA Hotline and reported the delays. I did get a callback from some supervisor. However, that was after the decision was made. He merely was calling to tell me that the unnecessary delays I reported were found to be legitimate and they were taking corrective action. He was able to tell me I won one and lost one, but could not discuss the meat of the decision. Of course, the one I lost was yet another bogus denial and I am appealing that via supplemental. However, it could have been prevented if someone would have just fulfilled my original request.

 

[RBrogen]

Just got this email:

************************************
Thank you for contacting the White House VA Hotline.

I am writing to acknowledge receipt of your Veteran concern dated, 2/7/2020.  Your feedback is currently being reviewed by a VA team member for prompt resolution.

Below you will find the case number and expected resolution date. If you want to follow up on this case at a further date, please have the case number ready to give to the White House Hotline team member at 1-855-948-2311.

Case Number: 02422949
Expected Resolution: Approximately 21 Business Days
Concern Type: Delay - APPEAL - Appeal or remand pending with Regional Office, Appeals Management Office, and/or Board of Veterans Appeals

In service,
White House VA Hotline Team
*************************************

[J R Doti]

If you win a motion for revision based on a CUE for an earlier effective date (EED)

for a current disability rated 30% . Should the rating remain the same back to the EED?

[vetquest]

@J R Doti, if you start your own thread with a question you are more likely to get answers and keep track of your answers. 

If you win a CUE for an earlier effective date the rating should be the same back to the effective date unless you have a staged rating.  This is where they say that the rating was decided to be a certain point at a date.  They might say your rating was at 10% at the EED and then went to 30% on another date.  I would bet though that your 30% rating will go back to the EED you were granted.

[J R Doti]

13 hours ago, vetquest said:

@J R Doti, if you start your own thread with a question you are more likely to get answers and keep track of your answers. 

If you win a CUE for an earlier effective date the rating should be the same back to the effective date unless you have a staged rating.  This is where they say that the rating was decided to be a certain point at a date.  They might say your rating was at 10% at the EED and then went to 30% on another date.  I would bet though that your 30% rating will go back to the EED you were granted.

Thanks for the reply. No, I do not, or did not, have a staged rating. I re-opened the claim in 2009, I was granted a 30% disability rating for the skin.

Then I appealed for an EED, as I mentioned and won the EED, back to Jan. 23, 1985 from the BVA. The RO office acknowledged the EED, but said it was non-compensable  at that time because it wasn't severe enough. Back in 1985 I was never called in for a Comp & Pen, so the VA would have no idea as to the severity of my skin in 1985. FYI, as you know the lack of a comp & pen had nothing to do with the CUE win because you can't win a CUE for that.

The VA missed evidence that was before them but did not take into consideration. That's how I won the CUE.  Now since April 2018 when the BVA ruled in my favor, I STILL HAVE NOT BEEN PAID!!

JRD