EED CUE? or NOD supplemental? or *?*?*?*?*?

[blahsaysme2u]

so...............

 

I WON MY CLAIM! 

 

sorry i had to get that out one more time. i am now 100% p&t. but my eed is december 2019 instead of the original claim date. i am trying to figure out what i need to do. should i file cue? should i just file a supplemental and ask for correction without cue? should i do something i am not even thinking of that you guys know better? 

 

reason i think cue is because in my letter, the judge specially says my original claim was 2013 and dx was 2008. it seems the vro clearly ignored this. also, they didnt even use the latest appeal date. i reopened the original 2008 claim back in 2013, but was denied and appealed multiple times and the last appeal was in 2019. Ill have to go through my c-file to get exact dates but this seems a big miss to me but maybe they are getting me on loop hole here because I didn’t reopen the original claim from 2008 until 2013, after the appeal window had closed.

 

Any help or advice of course. Thanks guys for everything. I couldn’t have gotten here without your wisdom and encouragement!

 

**EDIT TO INCLUDE PREVIOUS DENIALS FOR CONVENIENCE**

 

here is the original denial:

 

here is the the reopened claim denial:

Denial for HLR:

Denial for first CUE:

 

Law Jude Decision.pdf decision-letter_osa_4-20-21.pdf

Edited June 8, 2021 by blahsaysme2u
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[GBArmy]

You definitely are a man of principal. What's right is right! Keep up the fight and you are setting an example here on what veterans can accomplish no matter what the road blocks. I also agree about paying a lawyer to continue on; this is a legal issue and you don't want to go this far and lose out because of legaleze stuff. And 80& of something is a whole lot better than 100% of $0.

Good luck and let us know progress.

[blahsaysme2u]

GUYS OMG!!!!!!!!!!!!!!!!!!!!!

[pacmanx1]

Quote

https://content.invisioncic.com/r264491/monthly_2022_10/image.png.a9bd3b0fb8158fd4195281e7d373b9f4.png

I know this sounds a little crazy but what does your Reason and Basis section say about this decision. I am not sure what is going on, but I do know that there are times when the VA may deny a veteran's Cue claim, but they may still grant the veteran's service-connected disability.

So, it looks like they denied your Cue claim but still granted your OSA service-connection rating back to May 2008.

 

[blahsaysme2u]

Yeah man....I won eed....

The cue section is kinda bs honestly- probably should have won under cue but fortunately I had service records that were used for eed...

So that's it...my last big fight...I have lil ones I'm still fighting that won't amount to anything- just trying to win based on principle 

But this will be a large payout- going fro. 40% to 70% from 2008 to 2019 when I was awarded 100%

I'll be posting a big thank you in wins post tomorrow..im celebrating tonight!!!

[Tbird]

@blahsaysme2uFantastic news! So happy your fight is over and you had a successful grant. I particularly like the wins for EED because I think a lot of veterans get screwed on that through no fault of theirs.

[blahsaysme2u]

15 minutes ago, Tbird said:

@blahsaysme2uFantastic news! So happy your fight is over and you had a successful grant. I particularly like the wins for EED because I think a lot of veterans get screwed on that through no fault of theirs.

Well of course I couldn't have done it without this site and all the advice, encouragement and support all of you have given me...hadit quite literally saved my life and gave me hope