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Vync

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On 1/28/2020 at 12:45 PM, Vync said:

As for my other CUE, it was for TMJ and failing properly apply DeLuca and ROM laws. The rating decision contained even less detail than the original decision. In effect, they made the exact same error again, so I will be appealing.

CUE that CUE. This crap will continue to our sun burns out. CUE that CUE. Because they only did half the work and sent you it so that you accept it because--look we gave you this to shut your mouth and go away, knowing you WONT CUE this CUE.

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14 hours ago, Oceanbound said:

CUE that CUE. This crap will continue to our sun burns out. CUE that CUE. Because they only did half the work and sent you it so that you accept it because--look we gave you this to shut your mouth and go away, knowing you WONT CUE this CUE.

And it is no surprise that several errors were made during processing which caused unnecessary delays. I had a feeling they would make an error in the decision too, but I chuckled when I saw them quote the max ROM and 

Processing my claim consisted of error after error plus the same error that I reported initially. The irony is they concede where painful motion began while simultaneously ignoring the laws regarding painful motion and limited motion. And then they topped it off by stating one ROM value correctly and subsequentially typo-ing the same measurement later in the ruling. It kind of reminds me of my sixth grade English teacher who taught us from a college textbook saying, "Always double-check your facts and proofread before turning in your paper."

This is going to be a fun battle... Should I write my appeal in crayon?

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On 1/31/2020 at 1:27 PM, asknod said:

I have one very similar to this. ... VA deducts 10% from it for pre-existing and arrives at 60%. This was done in 1992. I see it in the c-file in 2017 and file the CUE. 70%-10%= 67%. 60%+10%= 64%. It's impossible using §3.322(a)'s stricture on following  Part IV VASRD ratings table employing §4.25 to deduct 10% from 70% and come up with 60% unless, of course, you don't use VA math. The 1/2019 denial said his dominant hand NOW is his left hand. Try that out in front of a mirror with §4.69. You only get one dominant hand. It  can't migrate back. VA says it can and 70-10=60% where they come from. We appealed with a 958 NOD on 4/26/2019 and opted to keep it in Legacy. This way I get a live Travel Board  hearing in Portland, OR. They also took away a 26-year protected 20% rating on his leg in 1/2019. That's CUE #2. 

It'll get a SOC sometime this fall or early winter and then we get to go to the BVA and argue it in front of a real judge with a real Juris Doctorate. It's sad I have to fight this for four or more years but the Vet will benefit financially. And boy howdy does he need the $. 

 

Yes Sir,
3.322(a) was key in winning my CUE. It's amazing how the VA magically changed the dominant hand. I was surprised the VA got one of two right. I was honestly expecting to get on the slow bus to the BVA to get even one win.

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