7-Day Decision on a 30-year-old Matter: Entering The Guessing Period

[ljl]

I just found out the VA made a decision on a supplemental claim I filed only a week ago concerning a now 30-year-old claim. The matter involves an earlier effective date for TDIU to match the recent grant of an earlier effective date for service connection for GAD. They denied the EED for TDIU based primarily on the now-defunct date of service connection for GAD in 2017 so I sent them that decision along with evidence supporting my inability to earn a decent living for almost thirty years. I averaged over that time, $6000 dollars a year.

How much consideration went into records that support a retroactive rating the same as my current of 70% I don't know but most of the supporting documents are long-gone. I made the unavailability of those records as a part of my argument as I was granted the EED for service connection for GAD under 38 cfr 3.156(c) where service records are added to your file later on that prove your case.

Nervous because they decided so fast - 7 days. Has anyone else had such a lightening-fast decision and if so, how'd it go?

Disclaimer: I understand I only have to wait a few days for an answer but I'm now caught in that guessing frame of mind that won't abait until I found out.

[pwrslm]

On 1/19/2022 at 1:08 PM, ljl said:

Disability Rating Decision Related To Effective Date tinnitus 10% Service Connected   01/22/2019 generalized anxiety disorder 70% Service Connected   12/06/2017

IF your claim was already closed, it is not likely then that an increase was granted. The dates reflect the last decision they made on the conditon. If they change, it shows the date of the increase or decrease.

[ljl]

On 1/21/2022 at 9:06 AM, pwrslm said:

IF your claim was already closed, it is not likely then that an increase was granted. The dates reflect the last decision they made on the conditon. If they change, it shows the date of the increase or decrease.

They are saying my Supplemental claim was a CUE claim. How is that?

 

"Our prior decision dated February 27, 2020 granted entitlement to individual unemployability

(IU) from December 6, 2017. On January 7, 2022, VA received your supplemental claim

requesting review based on additional evidence on January 7, 2022, for review of the effective

date under 38 CFR 3.2501. Based on your correspondence attached to your claim, we also

considered this as a CUE claim for consideration under 38 CFR 3.105"

[Mr cue]

Yes things are getting crazy so now they consider cue why they do your claims.

So does that mean you can never claim cue again. How is this. this is not legal

And you never claim cue

I would appeal as quick as I could and I would bring this up.

I could be wrong. Never seen that before

[ljl]

7 minutes ago, Mr cue said:

Yes things are getting crazy so now they consider cue why they do your claims.

So does that mean you can never claim cue again. How is this. this is not legal

And you never claim cue

I would appeal as quick as I could and I would bring this up.

I could be wrong. Never seen that before

I never identified it as a CUE claim and it's not regarding a final decision, which is a requirement of filing a CUE claim from what I've read.

I'm thinking whoever wrote the decision looked at a bunch of papers on his or her desk or a poster on the wall, like in Mrs. Doubtfire, and snatched the idea off of that.

You bet I'm appealing. I'm thinking I'll have to find an attorney to keep them from writing patently illegal decisions. Any suggestions for good legal counsel?

[pwrslm]

"Based on your correspondence attached to your claim, we also

considered this as a CUE claim for consideration under 38 CFR 3.105""

 

they inferred CUE because of the new evidence that you submitted which accurately fits the basic description of an error based on the govt's failure to retrieve records in their custody

 

YOU did not file it AS a CUE but the FORM of the claim was CUE

 

it is a clear and undebatable error that they fudged up on getting the records

 

now you have to attack this based on the reason for the denial that they should have put in the claim decision

there should be an explanation why the EED was not awarded

 

This would be a reasons and basis for the decision

 

The issue that was CUE was not why they denied the claim 

 

 

 

Edited January 25, 2022 by pwrslm

[pwrslm]

17 hours ago, Mr cue said:

So does that mean you can never claim cue again. How is this. this is not legal

The issue under CUE was the records. I believe that they conceded the CUE so this need not be appealed. He has to read the decision to find out why the claim was denied.