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So, I checked VA.gov to see the status of my CUE. It indicated "appeal period pending final release of atty fees." (it gave the amount) and it was listed under "claim for comp and pen updated on 07/22." So underneath that one is another "claim for compensation" updated 07/22, when I view that, it doesn't indicate a decision was made or that a decision was sent. When I contacted the 800# they said they are sending a packet to me. But as I said, VA.gov does not show that it is complete. In fact the date they have now under estimated completion dat, is 12/2020. Has this happened to anyone here on a CUE claim? I mean if they are finalizing payment of my atty's fees, wouldn't that mean a decision has been made? I would appreciate anyone giving input.
By Harvey Ryan
My name is Harvey Ryan. I'm an Air Force veteran, rated at 100%. I could really use some help. I've been attempting to submit a Request for Revision concerning an Earlier Effective Date for Service Connection for Migraine Headaches based on a C.U.E. I don't know what form to use. I was granted service connection for migraines with an effective date of December 2009 (the decision was made back in 2015). It was based on newly discovered service records that I'd been arguing were present for 15 years. The decision was made in my favor, however, they didn't consider the claim back to the original denial, which was June of 1993. My argument is based on the following: "38 CFR 3.156 Section (c) , as is outlined in M21-1MR Section 2a and 2d. CFR 3.156 Section (c): This exception deals with newly discovered service department records or records that existed at the time the VA made its decision and simply did not associate with the claim. If the claim was denied previously, but then granted on records which have recently been discovered, the regulation requires that the VA consider an effective date back to the time of the previously denied claim." In the decision letter, the effective date was only given to the date of 'receipt of my claim to reopen': . “In light of the evidence, an evaluation of 50 percent is assigned from December 14, 2009, the date of receipt of your claim to reopen your claim for service connection.” My argument is, because the regulation was NOT properly applied (direct contradiction to the mandate of evaluating from the date of the original denial, when all prerequisites outlined in 38 CFR 3.156 Section (c) are satisfied), it triggered my ‘Request for Revision’ due to the presence of an alleged CUE. I have included all supporting documentation in my file, however, I don't know what form to use to submit a C.U.E. claim.
Some of the research I've done says to use the 20-0996 for Higher Level Review. If my interpretation and understanding is correct, that form is only used when the decision has been within the last 12 months. I also saw form 20-0995 mentioned for a Supplemental Claim. My interpretation of that form is when there is new evidence to present. My claim is based on a C.U.E., but no new evidence...so you can see my dilemma. If anyone can offer some assistance, I'd greatly appreciate it! Thanks to you all for your service to our country.
Hello Defenders of freedom!
I have a question pertaining to this denial for headaches. The decision letter is quoted below.
3. Service connection for headaches.
"We may grant service connection for a disability which began in military service or was caused by some event or experience in service.
Your STRs are negative for any treatment of or diagnosis of headaches. On your post-deployment exam in 2005 you denied any headaches. On separation, you denied any headaches. VA treatment records are negative for any treatment of or diagnosis of headaches. On VA exam, the examiner stated there was no evidence of any residuals of a traumatic brain injury.
We have denied service connection for headaches because the evidence of record fails to show this disability was incurred in or caused by military service."
From my understanding these 3 points must be overturned to successfully win a CUE case:
(1) either the correct facts, as they were known at the time, were not before the adjudicator or the statutory or regulatory provisions in existence at that time were incorrectly applied;
(2) the error must be undebatable and of the sort which, had it not been made, would have manifestly changed the outcome at the time of the prior determination
and (3) a determination that there was CUE must be based on the record and law that existed at the time of the prior adjudication in question.
@Berta, or veterans out here who have knowledge/experience, tell me what facts you think would be needed to prove this denial for headaches was an error?
Thought it best to start a new post since my other one had become so long and probably fairly confusing with all of the twists and turns that my claim has taken.
It seems as though the VA is about to deny my NoD for my knees (or has I guess since the DAV rep told me about the Dr opinion). Should have seen this coming a mile away when the nurse practitioner wrote the nexus connecting for my knees to my back. I just called her office this morning explaining that I needed a Doctor to basically endorse what she wrote so I could resubmit it.
In short I interpret this as they simply got a Dr to opine their stance and since a Dr out ranks a nurse practitioner so the VA specialist's word stands. The DAV from St Louis also mentioned that from the VA that in the Dr's opinion there isn't any medical evidence to support the claim (a quick google quickly proves otherwise, but I know this doesn't mean a hill of beans in their eyes).
Other than that is there anything else I can do?
The other twist to this is that they are combining my CUE with the NoD for my knees.
Thoughts opinions now that this is all new and improved "Ramp Based"?
My side; I have scoliosis (noted in SMRs), I was awarded service connection for back condition (based on records they had in possession at the time of original denial back in 1997 (yes big time CUE). Any quick google will bring back a plethora of material linking the two, not to mention almost any Dr will confirm that there are links between the two.
My CUE; well after faxing material to Mr. Spickler's office evidently they routed it for a DRO review (included all pertinent documents). My CUE concerns the fact that they used the information in my SMRs to approve me for my back that they had in their possession at the time of my original claim back in 1997. My CUE claim is basically a textbook case of what a CUE should look like and how it should be decided. Instead they didn't even wait for the ink to dry before they denied it (actually couldn't have sat on the raters desk more than a week, this includes time in inbox). Since I had the other in RAMP I went and had this converted over to RAMP as well. My thinking is that if they are going to deny me under a DRO review then they might as well deny me quicker under RAMP instead of waiting 6 months to a year.
If you are interested in reviewing the past history of my ongoing claim (now in appeal status) you can find it here (be forewarned it is long and can be quite confusing, though you might glean a few things of what not to do):
By Army Veteran 2008
In 2010 while I was on active duty training I was hospitalized for a month. For walking-pneumonia, pneumothorax, hemothorax ,decortication and thoracotomy. I had 3 major surgeries in 48 hours, 2 blood transfusion, placed in a chemically induced coma and placed on a ventilator and life support. I spent two weeks in ICU. While recovering I had to re-learn how to eat, talk and walk. I some how turned into a vegetable. With this being the first time I've every had to go to the hospital I was traumatized by the visit. At the time I was 19. Since this was ADT, and not AD a LOD was done and found "NOT IN THE LINE OF DUTY." "NOT DUE TO OWN MISCONDUCT." Because I was receiving treatment before going on active duty. I was doing Honor Guard for deceased veterans. When the funding became available I was placed on an ADT status.
6 months after this incident I was deployed to Afghanistan. While there I was always short of breath. I continually coughed of blood and phlegm. I was medevac to a larger base that had better medical equipment to find what was wrong with me. I was diagnosed with bronchitis and given an antibiotic. It felt like I could never breath in enough oxygen. I stayed at a FOB that was in the middle of a village. Every couple of days the would dump human waste in the holes the locals dug and burn it along with other chemicals and material.
I have been filling for asthma since I returned home from Afghanistan. At the C&P exam I did when I first filled back in 2011, the decision letter stated "The provider referred to a period of inactive duty." Service connect was denied. Which was a true state, but the provider never mention any of the incidents I had while on active duty in Afghanistan. With that a CUE claim has been filed and I now had another C&P exam coming up. I had PFT test done then and I had one done today. My question is which one will they use, and what if i run in to the same situation at the C&P exam. I have been on an albuterol inhaler since Ive been back I still continue to cough up phlegm and i constantly get respiratory infections. Im still always short of breath to where it affects my daily activates. It has gotten to the point where I become depressed because I'm not able to have fun with my two boys, as any father would and having to explain to them why I can't run or why I can't wrestle with them is heartbreaking. Any advice would be helpful!
Army Veteran 2008
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
Joey Ross posted an answer to a question,I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
Picked ByJoey Ross,
This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.
VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
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