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.

[Mr cue]

Doesn't make sense to me a cue is a separate claim.

I never seen the va make this statement in any decision.

I reopen a claim do to new service records and it wasn't treated as a cue claim.

Ok is the law a veteran get one shot at a cue. So if they are saying they adjudicated a cue is this the veterans shot.

I would feel this isn't legal.

But I can't see the paperwork your lawyer put in. But if they took it as a cue it should have been adjudicated by it self.

So if you don't bring this up on appeal it will close and the veteran will never be able to cue the old decision again.

 

 

[pacmanx1]

There is a lot here. 

We have already discussed that there is not time frame in filing a CUE claim, and there is no such thing as a onetime filing a CUE claim.

[Mr cue]

Everything thing I read say a cue is a shot deal.

Even the paper the va send to the veteran about put in a cue states it a one shot deal.

But I could be wrong I just don't see how the va can say they address a cue when the decision has nothing to do with a cue.

I receive a bva decision that stated the benefit of the doubt doctrine doesn't apply in my case.

Also with no reason and base given

I am just saying these new bva decision are not right and veterans are have to appeal to court  to get anyone to address them.

 

 

[pacmanx1]

12 minutes ago, Mr cue said:

Everything thing I read say a cue is a shot deal.

Even the paper the va send to the veteran about put in a cue states it a one shot deal.

But I could be wrong I just don't see how the va can say they address a cue when the decision has nothing to do with a cue.

I receive a bva decision that stated the benefit of the doubt doctrine doesn't apply in my case.

Also with no reason and base given

I am just saying these new bva decision are not right and veterans are have to appeal to court  to get anyone to address them.

As stated in my post there is a lot here.

I am not trying to be rude, but it has nothing to do with you, your claim or what you have read.  You can search CUE without prejudice on your own, but it is a fact. 

I see that you do not fully understand what a Cue claim is because a veteran loses the benefit of doubt when he/she files a CUE claim.

If warranted the VA can call a Cue claim on their own decision without the veteran requesting it. 

What is new is this stupid AMA rule that tries to cheat veterans out of their benefits by trying to only award a less benefit to veterans and not follow the law and prior precedent decisions.

At present this current post is about a supplemental claim and is not ripe for a Court appeal and a simple appeal will do. 

 Again, this is not a BVA decision and even if it was, this information is not new and have been around for years, unfortunately it is just new to you.

 

I am not trying to insult or discourage you, if you have questions, please feel free to ask but please try to understand that some of your post can be misleading. Due to some of the rhetoric coming from the VA, we are still learning, and some are very new to this process. Try to be patient the answers will come. 

[pwrslm]

If a veteran asserts CUE to VARO w/RO and then it is denied, it can be appealed to VBA.

If VBA denies it, it can be appealed to CVA

..and on up to the SCOTUS.

Once the right to appeal expires on a denied CUE, the CFR clearly states that it is final, and if that issue is raised again, the VBA can shut it down without addressing it over and over. Finality is the big part here. 

If the EED  was denied, the RO still must have a reason and basis. The only reason the CUE exists is because the VA failed to gather ALL of the relevant records when it made the original claim decision. Alternatively, if the RO found that the records were already in evidence when the original claim was decided then it would likely be denied based on the failure to submit new evidence (which must be noted in the new denial-reasons and basis).  If the current Supplemental claim decision failed to address the issue of EED, then I would start with a HLR based on the lack of a reason and basis for denying the EED backdated to the original claim date.

If the TDIU was not raised in the original claim 20 years ago, that may be a problem as well. I do not have access to what the USC and CFR, or the established court precedents were 20 years ago, so I will not project beyond there.

 

ALL of this must have a basis in the law and regulations. The reason for the decision has to be spelled out. Without reason and basis, any decision can be appealed. VBA regularly state the reason and basis in its decisions (REASONS AND BASES FOR FINDING AND CONCLUSION). The Rating Official also has to do the same basic thing. This is why they cite USC/CFR in the decisions, and then explain why the decision was made, why some evidence was discounted or incredible, and what evidence they gave more weight toward in making the decision (ie...C&P exam reveals xyz). This provides Veterans a basis for accepting or appealing the decisions.

[Mr cue]

Lol so what I got from all that is I don't understand a cue. Check my history. 

Second i give my advice on the issue the veteran posted.

And from the outline of the decision.

I understand it has to go to the bva and I would appeal it straight to the judge.

An bring up the issue of the ro say they adjudicated my claim and a cue. An how is this legal.

I said I could be wrong maybe you can cue a bva decision more than once but ever place I see even lawyers sites it a one shot deal.

So I would think they ate take away his one shot deal when he ain't requested it

Last the reason I point out the benefits of doubt thing is the va seem to no the law.

And seem to be try to take it away law from veterans. Cue claim benefit of doubt.

 

Open a claim with new service records isnt a cue. An the va shouldn't be treating it as one.

My opinion again.

Have u ever did a cue an won well I have so I think I might no a little about what a cue is.

This is for info purpose I don't take anyone post as law. Not even mine

Do your own research on the subject.

An hadit has alot of info.

An not to be rude I think you have not stated anything but your statement this is a lot.

Show me the law were it stated a veteran can cue a bva decision more than once I don't believe you can.

So I feel you added nothing but jump on here to try a bash my info with no info for the veteran.

That seem to be the problem