Mituna 2483 Posted November 4, 2021 Share Posted November 4, 2021 Hi everyone, I would like to know if this paragraph means VA granted my CUE for my right knee that it was denied in 1975. Thanks for reading. Link to comment Share on other sites More sharing options...
0 Mituna 2483 Posted November 4, 2021 Author Share Posted November 4, 2021 1 minute ago, Mr cue said: How old is this decision It sound like a bunch of crap. If it is new I would appeal straight to the board. The local va will play games like this. And are a was of time. My cue and many other were really handle by the bva. I would just make a statement and give them a copy of the rating sheet. I would also find a good lawyer if you don't feel like do it yourself. I feel it will have to go all the way to court before they even address it. But don't let it go it sounds like a win to me. Just a little more fighting Thanks for your comment. VA just has this decision letter on 10-29-2021. Link to comment Share on other sites More sharing options...
0 Moderator pacmanx1 Posted November 4, 2021 Moderator Share Posted November 4, 2021 Unfortunately, I agree and that you should file an appeal to the BVA. I have seen the Regional Office do some shady things and, in some ways, they are still getting worst. The BVA granted me a 1998 Earlier Effective Date, but the Regional Office refused to implement their decision and sent my appeal back to the BVA where the BVA had to return my appeal back to the Regional Office a second time and forced the Regional Office to implement their decision and pay my retro. Link to comment Share on other sites More sharing options...
0 Mituna 2483 Posted November 4, 2021 Author Share Posted November 4, 2021 25 minutes ago, broncovet said: We got "bits and pieces" from the decision, so we really cant tell what is going on, for sure. But, it indicates "previously rated as arthralgia of the right knee", and then it appears you got 10 percent for each of 3 conditions. Did your overall disability rate show an increase? No, there's nothing change in my rating overall because I got 100% last month from my PVD. But VA should grant my CUE for my right knee with a retro payment. I assume VA avoid to do so, so it denied my CUE. However, the rating code sheet shows a grant for my CUE. Link to comment Share on other sites More sharing options...
0 Mituna 2483 Posted November 4, 2021 Author Share Posted November 4, 2021 30 minutes ago, Mr cue said: its new I would appeal. I am not up on the new appeal system and the Lanes. But whichever one you can provide evidence is the one to go so you can provide everything. There are laws you were injury in service they have the evidence of the accident which injury you in service. For it to be service connected. Now the rating will be a different fight. They stage rate me for the 8 years didn't make a difference to me because I was granted tdiu for the 8 years. Just don't give up and do your homework. Thank you for your advise. I appreciate it. Link to comment Share on other sites More sharing options...
0 Mituna 2483 Posted November 4, 2021 Author Share Posted November 4, 2021 30 minutes ago, pacmanx1 said: Unfortunately, I agree and that you should file an appeal to the BVA. I have seen the Regional Office do some shady things and, in some ways, they are still getting worst. The BVA granted me a 1998 Earlier Effective Date, but the Regional Office refused to implement their decision and sent my appeal back to the BVA where the BVA had to return my appeal back to the Regional Office a second time and forced the Regional Office to implement their decision and pay my retro. Thank you for your advise. I appreciate it. Link to comment Share on other sites More sharing options...
0 Mituna 2483 Posted November 6, 2021 Author Share Posted November 6, 2021 On 11/5/2021 at 7:14 AM, Berta said: Can we see the entire letter they sent to you , regarding the below statement that held the grant of the CUE? I have filed many CUEs over the years and some took a mere 3 weeks for them to correct- but one took almost 8 years, to properly award with retro , and never went to the BVA.It was finally set for BVA transfer ( the BVA can read so I was elated) but then Nehmer AO IHD happened and I asked the Nehmer RO to address the CUE because itt had been filed years befoe my AO IHD death claim.It also impacted on my IHD claim. They did that and awarded both th SMC CUE and the AO IHD death claim. The VA pulled some ridiculous crap on me-over that CUE that it was an obvious SMC CUE- and the rhetoric they sent me revealed no knowledge of basic VA case law and held even a regulation they MADE UP! I posted that whole story here, available under a search because I had filed for "lack of proper consideration of the SMC regulations" etched in stone in basic VA case law-100% plus 60% independent or Housebound. The award granted under both scenarios which I had proven when I filed the CUE, but paid for only one SMC "S".which was proper. It was a posthumous award. I wonder all the time how many other widows have gotten the multiple ridiculous VA decisions I had received over the years, and like me before I got smart, they too might have had vet reps who didnt have a clue on DIC and accrued issues and even CUE- which can become a Very easy claim to file and succeed in..... if it gets to someone at the VA who can read. Thank you Berta, and here it is Link to comment Share on other sites More sharing options...
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Mituna 2483
Hi everyone, I would like to know if this paragraph means VA granted my CUE for my right knee that it was denied in 1975. Thanks for reading.
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Berta
You can file a CUE on the denial- after we see that decisions, and if they warrant a CUE filing. There are basic templates here for CUE. CUE is not a "claim", as such, but is a "frontal
pacmanx1
It looks that way. Was this in a decision letter and did it have a breakdown of benefits? Congratulations!
Mr cue
Woo if this a decision letter. that a whole lot of retro. If they low ball the rating appeal the s--t out if it lol. That a great win
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