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

[J R Doti]

On 2/25/2020 at 5:49 AM, J R Doti said:

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

 

[RBrogen]

Ok ... been a little bit but wanted to give an update.  I got the anticipated denial letter from my original CUE claim in Jan 2020.  I filed the Higher Level Review and they quite literally copied and pasted the denial  into their response and sent it back on May 14, 2020.  Neither the Jan 2020 nor the May 2020 decisions addressed the CUE points of

     1)  The original denial in 1999 was made stating that I had a pre-existing condition.  They did this with ZERO medial evidence.

      2)  The rebuttal of aggravation to a pre-existing condition that they claimed was never addressed.

I then submitted a Supplemental Claim stating those facts along with new evidence that documented ill intent by the exam doctor on June 20, 2020 .... and I checked and literally on June 26th they had already made another decision.  I am awaiting another denial package and will begin the submission for a Board review.  They are delaying, delaying and delaying every step of the way and completely ignoring the facts.

Edited June 30, 2020 by RBrogen

[Vync]

@RBrogen You and I are both in the same boat and this is getting old really fast, but in my case the VA did concede CUE involving a pre-existing condition. I'm still waiting for the VA to process my HLR addressing how they mishandled my other CUE denial.

For CUE , M21-1 says the VA must use the long form rating narrative and also must address each point raised by the veteran.