Planning ahead for CUE

[asknod 1,775]

I like to lay punji pits for VA raters. Here's a classic. I knew my Blue Water Vet had filed for MDD 2ndy to IHD back in 2002 when he filed his original claims (and lost). He wasn't boots on the ground so they hosed him with the Haas v. Peake decision. When I reopened in 3/2020 after the new Procopio Nehmer rules, I left out the MDD claim because, by rights, the rater would be obligated to rate it under §3.310 with the effective date of 2002. There was big money on this-like $250K.  These weasels carefully rated him such that he was below 50% after 2006 thus depriving him of his CRDP. CRDP= concurrent receipt of both retired and VA compensation pay. If you are rated below 50%, you do not get VA comp. I knew they'd screw him on the 50% or greater so I purposely left out the reopening of the MDD. Sure enough, I was right. His combined was 44%. Kind of like the old Get Smart TV show. Missed it by thaaaaaat much, 99.

So I filed the Motion to Revise (CUE) and demanded the MDD back to 2002. Yep. As predicted (and expected), I got the "Sorry Alex, we're only going back to your 12/02/2020 CUE filing which we'll presume you meant as a claim for MDD and not a CUE. I sent it up to the BVA immediately. My Vet is on his last legs and over 75 with an IHD ejection fraction below 20%. With the BVA grant of the MDD- even at 10%- which I figure they'll try to lowball him with, he'll still get to 50% back to 2002. If they give him the 30 or 50% he deserves, he'll get a check for 70% rating from 9/2002 to 12/2014-maybe TDIU from 2006. He deserves it. He did two tours on the USS Preston DD 795 inside the 12-mile limit and often within sight of land doing fire missions. All gave some. Some of my closest friends gave all. This is my way of paying it forward-one Veteran at a time... 

It's sad VA will fight me to a draw every time trying to fence my Vets out of these old, big-dollar reopenings. It's so predictable you get used to it. They think they're as slippery as a banana peel. When I was incountry, I always carried two hand grenades in my cargo pocket of my pants-even to the loo. Fortunately, we had the Swedish ones upcountry in Laos which weighed a 1/3 less than a M 26. It made you feel like a NFL quarterback when you hucked one of them. You could get about 50 more feet out of it and it always caught the gooks off guard. Let this be a lesson. Always have a spare grenade when you deal with these pukes.   

Check it out. How to play poker with VA the way they like to play poker- but in spades. VA created an enemy for life when they told me in 1994 that I'd never served in Vietnam. 

 

Redacted CUE filed 12-2-2020.pdf redact CUE RD 2-25-2021 MDD.pdf redact filed 10182 EED MDD 3.4.2021.pdf redact 3.29.2021 BVA grant MDD 2002.pdf Redact Code rating sheet before 3.29.21 BVA EED.pdf

Edited March 30 by asknod

[Hamslice 503]

Well done..

Hamslice

Also, a good read..

[john999 778]

I was given that "you did not serve in Vietnam" jive as well.  It was all over my DD214 that I did served in Vietnam and I had all the "been there, done that" medals.  I had written a letter to my congressman and VA had responded to him that I never served in Vietnam.  The VA is so clownish and  ready to disrespect and attempt to discredit vets to save a dime.   They would spend a million bucks to save 50 cents award for a vet.

[Vync 2,001]

Another CUE of mine from 2019 is in the BVA hopper and was just docketed. However, I hope you requested hardship processing of his BVA appeal. I would not count on the VA to proactively do this. Given his age and deteriorating health, the VA really should process his claim in front of mine.

I remember in 2019 when my ejection fraction was almost as low as your buddy's. Of course, the VA slow-walked my claim. Fortunately, I ended up winning after two additional filings.