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
upload files

[broncovet]

Berta, you can appeal any issue of the board:  Denial of sc, disabiity percentage, if awarded, or, the effective date.  

If the Board "applied the wrong legal standard" then this can be appealed to the CAVC.  

The CAVC is unlikely to change "facts found", but, if the board misinterpreted the statues and awarded an improper effective date, this is an appealable issue.  

Yes, it could well be a CUE also, but Im not in a hurry to give up BOD (benefit of the doubt) with Cue, unless I have to.  

You will know more after you speak to the attorney's.  Be sure and mention your theory of eed entilement: 

There are several that I identified, that may get an eed:

1.  Failure to apply 38 CFR 3.156 C, new and material service records that should render your effective date the later of "when you first filed" or when the doc prescribed Cpap.  

2.   Claim for increase.  

      Those are 2 I identified, but dont know all the facts.  

I highly recommend you read this, and see how it applies to YOU:

https://www.hillandponton.com/correct-effective-date/

 

[blahsaysme2u]

so i have been contacted by H&P and cck. 

H&P told me they dont accept veterans who work?!?!?!?! well specifically who have income above 13k...so they basically told me to bugger off..

cck took my info and said they will be in touch? 

waiting to hear back from chris attig but since he was arrested yesterday------- who knows if ill get a chance to tlak to him...

 

[blahsaysme2u]

1 hour ago, broncovet said:

I highly recommend you read this, and see how it applies to YOU:

https://www.hillandponton.com/correct-effective-date/

IT DOES!!!! OMG your a genius sir! my exit exam whether they had it or not they never referenced it before. see quote below

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 particular it states:

If the VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section…

[Berta]

 

 

I hope he can sue over the arrest!!!!!!!

Maybe the arrest had nothing to do with his testimony at all -but with the Cancel culture idiots.-

[blahsaysme2u]

posted on my FB- True patriot!

[blahsaysme2u]

**WAS ACCIDENTLY POSTED ON WRONG THREAD**

ok i found out a few things going through my cfile

first my claim was never reopened until 2018...looks like vfw and dav both xxxxxx me and i just never noticed the claim never opened...it wasnt until 2018 when i got new VSO that claim was reopened and first new denial was sent.

here is the original denial:

 

here is the the reopened claim denial:

Denial for HLR:

Denial for first CUE:

at this point we appealed to VBA and won...they still didnt use the correct EED date, even if they are using the first time i reopened the claim, which should have been june 6, 2018... so either way i need to fight the EED but i really want to try and get 2008 date when i first filed, was dx and was denied based on lack of medical records and poor c&p exam(as was stated in my decision letter that i won this year by the judge, the medical opinion showed no nexus but had no value with the other evidence)

 

along with the addition of service record in my reopened claim showing my exit exam- i think this is doable. i have contacted lawyers and still waiting on replies. i have meeting with vso this friday. Virginia provides free lawyers if they believe there is a case to be made so will see what happens.. will keep you updated. 

if you have any input in light of the denial letters i have posted, please i would love to hear it!