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blahsaysme2u

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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:

image.thumb.png.529f7fd8b70636bfc1804b8b73d54886.png

 

here is the the reopened claim denial:

image.thumb.png.d012ffa323b1878c07094abaa9580183.png

Denial for HLR:

image.thumb.png.7d6e1ed64b09670374a7efe0455255a1.png

Denial for first CUE:

image.thumb.png.0246bd7b2dad31333a8dde5006f4b9d7.png

 

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

Edited by blahsaysme2u
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well H&P turned me away bc i work.

Chisom turned me away but said i had a case just not one they could take on and said to get with my VSO to recommend another lawyer.

Attig is still reviewing. explained to their paralegal my thoughts on why i should/could fight my EED. she noticed that the judge pointing out in her opinion that the original c&p exam did not take into account an existing DX and there for the opine given was inefficient. although, all my other objections to the EED are valid, she thinks this is the most important. Thoughts? if the VARO ignored this part of the judges opinion could this push my EED back to 2008 claim that was denied with junk c&p?

my VSO thinks its a long shot. says very few people ever win EED cases and probably not worth the time and effort. i explained that the lawyer they provided for my VBA appeal recommended fighting it- so VSO told me to write up my case and he would submit. really?!?!?! 

i dont even know where to go from here other than wait on Attig. i think this might just be beyond what my VSO can do. they have done me right and helped me get SC but i think this might be above their skill set.

 

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chris attig emailed me today and said that he believes this is a CUE case and i referred me to another lawyers office that has track record for CUEs. 

i called and left vm. see what happens but im loosing hope now. even if i do have a case, i cant seem to find any help. i dont know what to do guys. 

please if you have time read my original post with the VBA judge opinion and the denials i received for my the 2008 claim, reopened claim and HLR. if anyone thinks i have a shot at this please help me figure out what i should do- im running out of time and i dont think my VSO is going to be capable of handling this one. 

thanks so much 

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I will try to make this short. It is your call and that is the bottom line. The only way, you will fully know is to file a claim back to the BVA and let them decide. I won a BVA decision, and the local VARO screwed up my effective date and my rating percentage. I had to file a new appeal to get the BVA to grant my effective date and then I had to file another claim back to the BVA to get my correct percentage. Yes, this is horrible, since the BVA granted me direct service connection, I feel that my correct effective date and percentage should be the exact date of my original grant. When this claim was reopened there are rules that the VA has to follow. Especially:

3.2500 Review of decisions.

(h) Effective dates -

(1) Continuously pursued claims. Except as otherwise provided by other provisions of this part, including § 3.400, the effective date will be fixed in accordance with the date of receipt of the initial claim or date entitlement arose, whichever is later, if a claimant continuously pursues an issue by timely filing in succession any of the available review options as specified in paragraph (c) of this section within one year of the issuance of the decision (or the time period specified in paragraph (f) of this section, as applicable to simultaneously contested claims), provided that any appeal to the U.S. Court of Appeals for Veterans Claims must be accepted as timely by that court.

Edited by pacmanx1
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well i have been turned away from a total of 6 law offices now. i am waiting on 3 new ones i have contacted. if i cant find a layer to help i guess ill just drop it bc i dont think i can win this without their help

this is what i am thinking:


i believe this should allow for 3 points for EED of 2008:
1) diagnosed within 3 months of discharge(possible CUE-CUE already denied once by va)
2) c&p exam ignored diagnosis and post deployment exam telling me symptoms were OSA likely and i needed to have sleep study done(which the judge from VBA pointed out in her opinion-Possible CUE as well)
3) i submitted service records(Post Deployment Exam) in accordance with section C of 38 CFR 3.156:
New & Material Evidence
38 CFR 3.156 is the federal regulation relating to new and material evidence.  Section (c) is far more specific than the overarching regulation and deals specifically with service department records.  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…
It then lists service records related to an event, injury, or disease in service, records forwarded by the Department of Defense or service department of the VA, or, interestingly, declassified records that could not previously be obtained because they were classified when the VA previously decided the claim.
The regulation goes on to state that when this type of “new” evidence leads to a grant of service connection, and supports the assignment of a rating, “a retroactive evaluation WILL be assigned.” When this type of record is found, it can potentially mean an effective date years or decades earlier than the recent decision.
 

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Like pacmax just said just do it

with your package tht came in the mail.

It tell you what to do if you disagree with the decision.

If It got to go to Cavc I think it's 120 days to file it not that hard look on the site. Once I file I had lawyers mailing me to take my case

If it was granted at ro you can appeal.

You just post the law you believe they cue what do u need anyone to do it for

I did everything myself because I was also denied by lawyers.

 

 

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I may post this same post to another thread so if anyone think that they just read it you will be correct. Here is the thing, when veteran request an EED or file a CUE claim, be forewarned and expect that you may have to file a claim to the BVA and or to the CAVC to get your benefits. Due to the fact that you are asking the VA to payout a nice size retro, the VA is going to make you wait and work for it. As stated, many times, the BVA granted me a 1998 effective date for one of my claims. The local VA tried their best to not to implement that decision and sent my claim back to the BVA thinking that would solve the problem but the BVA kicked it right back saying that the decision was made, and the local VA finally paid a portion of my grant and returned the rest back to the BVA where my claim sit for a decision the  BVA already made.   So, the VA is still up to their old shenanigans' and forcing the veteran into hamster wheels waiting for their benefits. Sometimes all I can say is to get angry enough to try your best to stay healthy and alive to get your benefits. Yes, I did it. A lot of us are in the same boat waiting for the BVA to make it right. A veteran really does not need a lawyer until his/her claim goes before the CAVC, then it is lawyer time.

Edited by pacmanx1
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