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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[pacmanx1]

Congratulations on your win.

Notice how the VA granted your EED without admitting that any prior claim decision was an error. A win is a win anyway.

[pacmanx1]

Years ago, I decided that it is best to try to file a Cue claim and a NOD or Reopen claim simultaneously because they have different criteria that could help a veteran win an earlier effective date (EED). I did/do not like the "reasonable minds clause" in the CUE criteria that could cheat a veteran out of his/her benefits, so by filing a NOD or a Reopen claim at the same time when filing a Cue claim would get the VA to look at all the veteran’s evidence.

 

[blahsaysme2u]

8 minutes ago, pacmanx1 said:

Congratulations on your win.

Notice how the VA granted your EED without admitting that any prior claim decision was an error. A win is a win anyway.

Exactly- it's a 13page decision outlining the entire claim from 2008 till now and all the mistaken denials- but that no CUE lmao

Whatever- like you said....a win is a win....

Wondering how long before I get my deposit....seen some get theirs before the letter showed in mail while others waited month or 2 after....I haven't gotten letter in mail yet- this was emailed by my lawyer

Varo still needs to "implement" and send a letter too I believe- some get their deposit after that letter..

I'm struggling on calculations for back pay too...would my lawyer have good idea of amount you think?

[pacmanx1]

1 minute ago, blahsaysme2u said:

I'm struggling on calculations for back pay too...would my lawyer have good idea of amount you think?

Yes, keep in mind that the VA has to determine the lawyer's fees also.

[blahsaysme2u]

tried calling the lawyer- he was basically like sit tight- it will still be a while before we get any details on the amount- we setup a call for next monday to review the entire decision- if you have a VSO or lawyer working for you and they arent doing this, they arent doing their job, IMHO. 

anyways ill update as soon as i hear word or money hits the bank...

[blahsaysme2u]

just realized i never updated yal on this- got paid week before last....i guess you might have figured that out since i let my lawyer go- no need to keep him round now that i have won this bs case and he seems to be dragging his feet on these lil loose ends that wont make him any money...

he ended up with 18k

i got bit more than that but not as much as i thought i would- but looking back i have won some back pay already and calculating in what they have already paid me in back pay from lil bumps and corrections along the way, i think it all works out in the wash....

thank you to everyone that helped on this part of my claim! i learned so much from every single one of you and hope i can stick around here to help others like you did me even tho my fight is coming to an end