Large win on QUE Claim / High Level Review

[GBArmy]

Rattler I agree with all; job well done. We really like to hear these success stories because it shows if we do 9it right, keep at it, we can win! Congrats!!! (Keep it in the bank for a while and then make decisions on how you are going to handle it. It's a lot of money but when you pay off some debts and loans etc., if you're like the most of us what's left has to last you so think it thru IMHO.)

[Carl the Engineer]

Winner, winner, Chicken dinner!!!

Wow,

Carl

[Lemuel]

6 hours ago, Rattler767 said:

I filed for a higher-level review on September 28, 2022. I ask the VA to QUE itself on an Earlier Effective Date August 2017 on my PTSD and unemployability (UI).  I was granted 70% PTSD and 100% UI as T & P on November 19, 2021. I ask for a personal phone call on the higher-level review.

The VA jumped on it and setup the phone call for October 7, 2022. The phone call seamed to go my way and the higher-level review officer said she would have a decision in about a week. So, I check VA.gov the end of the next week and it said they had made a decision on my higher-level review claim. As it still takes about a month for them to get the letters, I called 800 Betty to see if they could email me a copy of the letter.  In the process of that the 800 person says you probably need to check your bank account.  Now I know what that means in VA speak. It means that they have made a deposit in you bank account of a new upgrade ratting of they have deposited back pay in your account. So, I check VA.gov aging and the filling notice was there.

________________________________________________________________________

“Benefit payments and debts.

 Your total VA debt balance is $0.

We deposited $145,654.29 in your account ending in XXXX on October 13,

2022

Type: Compensation & Pension – Retroactive.”

____________________________________________________________________________

After picking myself up off the floor after having fallen out of it. (and it takes a min. after a total knee)

I checked the bank account same thing.

I want to thank Berta, brokensoldier244th, broncovet, Vync, pacmanx1, retiredat44, GBArmy, and others hear at Hadit.com for all the help and time they put in hear.

Now if we can get a good decision out of the Supreme Court in Arellano v. McDonough I’m going to make the pay me back to July 21, 1977 when I got discharged.

Redacted-Benefit Summary T & P 100% 4-25-22 (2).pdf 549.95 kB · 2 downloads

My award was similar.  $330,000.00 on an extra-schedular claim CUE that was not processed until a BVA remand in 2017 and awarded in April of 2020.  Deposit 7/9/2020. (Amount less 20% attorney fee)

I am attaching, redacted for ID numbers, as precedence for your EED claim.  Notice my claim for extra-schedular TDIU was dated 06/24/1987 and the award was EED to my last day of full-time employment in September 1985.  Be sure to claim any periods of unemployment that lasted a year or more in you TDIU claim if you did have any full-time employment after 1977 on a second round.

My current EED claim at the BVA claims back to 1974 but based upon both periods of more than a year of unemployment and an 1151 claim filed against the Navy and BVA for not diagnosing and treating my temporal lobe epilepsy sooner.  It was confirmed in 1990 but mistreated with Tegretol on two counts per the 1990 and current PDR.

If you had a TBI or cerebral malaria, p. falciparum, you need to be evaluated for temporal lobe epilepsy.  Self-treatment for that demon interfering with your former skill level (temporal lobe epilepsy) turns out to be diagnosable by EEG and was before the Vietnam war.  Mine was first suspected in 1985 by EEG because of a loss of sensation in my left forearm after my TBI in 1969 which caused a C&P examiner to order a follow-up neurological consult.

Notice, it took only 2 days for the Director, Compensation Services to reply to the DRO.  Your wait was probably for the Executive Director's approval stamp which may not require a letter on the higher-level review since it is probably done by her office's delegated authority to well-trained DROs.

The AF decision may not apply to you.

My wait for the check was because of an audit of my past account with progressing ratings on different decisions.

I also wish to thank HADIT for their help with my claims.

 

 

[Lemuel]

Notice my check was only for from 1985 to 2009.  I had already received 2009 to 2017 on the presumptive 70% 2009 rating as of the 2017 Decision which was closer to Rattler's amount.  Rattler, your EED prospects look very good from my position as long as your claim for review is timely.

The Executive Director, Compensation Services is not bound by the CFR time constrictions as indicated by my more than 1-year EED from date of claim.

[Lemuel]

4 hours ago, Rattler767 said:

I filed for a higher-level review on September 28, 2022. I ask the VA to QUE itself on an Earlier Effective Date August 2017 on my PTSD and unemployability (UI).  I was granted 70% PTSD and 100% UI as T & P on November 19, 2021. I ask for a personal phone call on the higher-level review.

The VA jumped on it and setup the phone call for October 7, 2022. The phone call seamed to go my way and the higher-level review officer said she would have a decision in about a week. So, I check VA.gov the end of the next week and it said they had made a decision on my higher-level review claim. As it still takes about a month for them to get the letters, I called 800 Betty to see if they could email me a copy of the letter.  In the process of that the 800 person says you probably need to check your bank account.  Now I know what that means in VA speak. It means that they have made a deposit in you bank account of a new upgrade ratting of they have deposited back pay in your account. So, I check VA.gov aging and the filling notice was there.

________________________________________________________________________

“Benefit payments and debts.

 Your total VA debt balance is $0.

We deposited $145,654.29 in your account ending in XXXX on October 13,

2022

Type: Compensation & Pension – Retroactive.”

____________________________________________________________________________

After picking myself up off the floor after having fallen out of it. (and it takes a min. after a total knee)

I checked the bank account same thing.

I want to thank Berta, brokensoldier244th, broncovet, Vync, pacmanx1, retiredat44, GBArmy, and others hear at Hadit.com for all the help and time they put in hear.

Now if we can get a good decision out of the Supreme Court in Arellano v. McDonough I’m going to make the pay me back to July 21, 1977 when I got discharged.

Redacted-Benefit Summary T & P 100% 4-25-22 (2).pdf 549.95 kB · 2 downloads

Suggest you should also have redacted your last 4 on your attached.  The last 4 and your DOB could get your check re-routed a few years ago.  I think they are more careful now, but the more the scammers have the less they need to fill in.  They only need to know where you filed, or your parents filed for a SS number to get the first 3 digits.  Not difficult to guess the next two from date filed if you have other numbers from the same issuing office.

[Tbird]

had to delete attachment, please check your attachments folks, it had personal information on it.