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

[blahsaysme2u]

On 5/28/2021 at 1:10 PM, pacmanx1 said:

IMHO (IN MY HUMBLE OPINION) since the veteran already successfully filed a NOD, VA FORM 10182 in January 2020, all he has to do is to file a new NOD sending his claim back to the BVA for a final decision on his effective date.

 

Guys, i have done some more research and doesnt look like this is an option. below is a screenshot of the only options available to me per the VA for this claim:

as i was typing this a lawyer called me that i had reached out to saying this is confusing because technically there are 2 decisions for my claim

1- VBA granting SC

2- RO giving rating and EED

so what i am actually disagreeing with is number 2 decision by the RO, in which case i can appeal to VBA again. so i am going to just do that with the form that @pacmanx1 recommended saying that we disagree with the EED and hope for another Judge to side with me. i will use the free lawyer provided by the VSO in virginia and let them provide any briefs that are needed- that way i wont mess it up!

if i lose there, then appeal to CAVC and so on. i will use CUE as last resort bc, in all honesty i think i will win if i get before a judge again.

thank you all for all your help and saving me 20-30% of my monies! i owe you all a steak dinner!

 

[blahsaysme2u]

OK HERES WHAT I TYPED UP. let me know what you think? if i should remove or add anything.

thanks for everyones help

[Berta]

"reason i think cue is because in my letter, the judge specially says my original claim was 2013 and dx was 2008."

Have you scanned and attached the 2013 denial here yet?

If CUE exists it would depend on that denial.( and the evidence list)

I noticed in the downloads that the VARO said,in the award letter, that they received your SMRs on

June 26, 2014.

Was there anything at all in your SMRs that revealed a sleep problem? Or on your discharge certificate?

I hope you have copies of your SMRS and also your 201 Personnel file.

The inservice personnel file might reveal if you ever had any minor disciplinary action or other evidence that you had problems with fatique while performing your duties.

The BVA clearly indicated the Post service discharge Study was done in 3 months after your discharge.

The VA said they got your SMRs on June 16,2014. The Sleep study was done after the discharge but I assume it would have been included with  those SMRs.  Was it?

If a CUE occurred it would be within the initlal denial.

If you can scan and attach it here redacted make sure we can see the date of that RO denial.

And the evidence list they used.

 

 

 

 

[Berta]

And you are correct to have highlighted parts of the BVA decision.

The part regarding the Sleep Study.

I think that was a little Clue that BVA gives us sometimes-and as I believe it was our esteemed member Pacman, who pointed out that the ROs like to deny but the BVA likes to award if they can, based on all evidence of record.

A Clue the BVA gave me on an appeal I had there years ago  they rendered moot because I had won it by then at the VARO level-

but that clue paid off years later when I re opened my claim under a Nehmer disability and death claim due to another malpracticed condition I found my husband had.

I haven't read the whole thread here yet- again.....and need to because I missed something here-

have much personal stuff going on--

but you are right that something seems wrong and the BVA pointed that out as well regarding the sleep study post service.

 

 

 

[Berta]

https://cck-law.com/blog/applying-for-va-disability-benefits-years-after-service/

I know you are aware of the regulations for disability within one year after service.

The 10182 I missed reading recently is EXCELLENT! !!!!!!!!!

VAROs have to implement every part of a remand.

 

 

[Berta]

One more thing- The MedPro exam- I bet the BVA is the first VA entity to have ever read it-

I would think, based on the statement on the page of the exam you posted here, as the purpose of the exam, is why it should have been in your SMRs and available to the RO, even though they said they received the SMRs in June 2014.

I am glad you are fighting this EED!!!!

when I get time ( I am overwhelmed this summerwith other things ) I will try to find more on the MEDPRO situation.

It was sent electronically when it was done, but sent to who and where?

If this was not part of your complete military record, what is the purpose of them even doing a MEDPRO for any veteran?

There are only 4 decisions at the BVA that mentioned MEDPRO:

https://www.va.gov/vetapp19/files5/19137774.txt

Here is one of them- I have to leave  and will read them all later-

Here is the search link:

https://www.index.va.gov/search/va/bva_search.jsp?QT=MEDPRO&EW=&AT=&ET=&RPP=10&DB=2021&DB=2020&DB=2019&DB=2018&DB=2017&DB=2016&DB=2015&DB=2014&DB=2013&DB=2012&DB=2011&DB=2010&DB=2009&DB=2008&DB=2007&DB=2006&DB=2005&DB=2004&DB=2003&DB=2002&DB=2001&DB=2000&DB=1999&DB=1998&DB=1997&DB=1996&DB=1995&DB=1994&DB=1993&DB=1992

Maybe others here will assess them....too...

 

I hope others go back to the MEDPRO attachent and comment.

Edited June 5, 2021 by Berta
added more.