Earlier effective CUE

[jfrei]

So Anyone successful with earlier effective claims? As you can see the original 90% was backdated to 2010 through an appeal I filed in 2014 granted 2016. My TBI orginal rated 70% then one year later made 100% tdiu but permanent and total then another year later made 100% scheduler P and T. My belief it should have been that the day I got out of the military but had to deal with denials for years until my appeal was granted. I feel like they were trying to save some money by waiting until they did to make me 100%. I have so many issues with it the only reason they bumped me up to 100 is they combined my PTSD one year  later. Ive waited this long to dive into this question because of the time it takes me away from things that matter like my two young children 

Edited September 27, 2023 by jfrei

[jfrei]

18 hours ago, pacmanx1 said:

If this is a recent decision, within the last year, less than 365 days, instead of filing a CUE claim, filing a timely appeal would get you the exact same benefits as filing a CUE claim but you keep the benefit of doubt, and it is a lot and I do mean a lot easier to win and overcome. I have won Cue claims, but it is a lot simpler to win through filing a timely NOD. 

Agree my claim was actually a CUE claim filed in 2014 and decided 2016 but they lowballed me but I didnt care I was happy with 90% retro for 6 years but after the next year I went to 100% PT made me think why now its always been P and T should have been 2010 when I got out not 2016 when my appeal was granted 

Edited September 28, 2023 by jfrei

[Vync]

If you have never filed a CUE before, be sure to read up on it first. As mentioned here, benefit of the doubt/relative equipoise cannot be used. You must show how the VA made the error and also how you would have benefited if not from the error. If the benefit is a simply EED without an increase in compensation, in my unprofessional opinion, I believe that is still a benefit because it gets you closer to the 20 year protections. Keep in mind you must use the laws, regs, and legal rulings in effect at the time the initial decision was made, not what is in effect today unless some liberating laws, regs, legal rulings were made which allow retroactive application (i.e. Nehmer).

I was successful with one CUE which resulted in an EED simultaneous with an increased rating percentage. Mine was different because it was a case where the VARO failed to follow the laws/regs in effect at the time when assigning my initial rating for an issue. I have another CUE which has been idling at the BVA waiting to be assigned.

In both cases, I boiled my submission down to the facts. I provided the records in possession by the VA. I also provided the exact laws, regs, and legal rulings in effect at the time. Then I explained how the VA made an error, plus the benefit had the error not been made. I kept everything short and to the point and without inserting any of my opinions.

[jfrei]

my 2010 C and P didnt provide me with my ptsd dx because service connection was denied until 2016 where I was then given two C and Ps for TBI and one for PTSD so I was 90% rated made 100% TDIU but it was still considered P and T Effective the day appeal was granted in 2016

then poof

 

combined for 100% P and T

[pacmanx1]

When the VARO granted my CUE Claim, I filed a NOD requesting that they failed to review my entire records for my correct effective date. The BVA then granted me an unadjudicated effective date going back to my original date of claim. My initial VARO CUE grant only went back to my reopened claim date, but the BVA granted my original date of claim. 

 

Edited September 29, 2023 by pacmanx1

[pacmanx1]

When your decision states "THIS DECISION REPRESENT A FULL GRANT OF BENEFITS SOUGHT ON APPEAL FOR THIS ISSUE," it may not be a true statement and you would have to appeal again and fight for any additional benefits.

[broncovet]

Pacman is spot on.  I received a BVA decision which so stated :

Quote

THIS DECISION REPRESENT A FULL GRANT OF BENEFITS SOUGHT ON APPEAL FOR THIS ISSUE,"

 The Regional office decided I deserved a whopping 0 percent rating!   So, how was that "a full grant of benefits sought on appeal"?  

    I was not seeking 0 percent, instead, I was seeking 100 percent.  You see, the "full grant" was really only a partial grant..of service connection with no compensation, leaving it up to the VARO to decide I deserved nothing percent. zilch, nada, nothing.  I was sold an empty box, when I was buying a full one.  

.....And, the VA wants to know why we dont trust them.  This is one example of how the VA lost my trust.  

     I saw a thing at my VAMC where VA was "trying to earn Veterans trust".  This does not do that.  

Edited September 29, 2023 by broncovet