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Couple of questions . . .

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namvet6567

Question

I'm considering filing some claims for the following:

1.)  In '71, I was involved in a near critical motorcycle crash/accident, excessive amount of speed (about 80mph) into a parked car in someone's yard (multiple fractures/3-4-day coma) which I finally recalled/remembered, in the mid '90's, (when some of my memory returned but I still have little memory of my 2 yr VN service), was a suicide attempt.  At the time I had no memory of what happened, spent 5 days in ICU, for a total of 3wks hospitalization, and a few surgeries over the yrs for a non-union FX, from the crash.   I applied for VA help and was awarded NSC at 100% rate around '75 (I believe less than $50 a month at the time).   I believe they denied SC, at that time.  I started receiving SSDI around '73 but lost it in '77, after the re-examing doc wrote a nasty letter, b/c I was receiving SSDI and some of his patients, whom he felt were more disabled and were denied it.  I didn't appeal it b/c I knew I was going to try working again.  I had been in VN, as an Airborne/infantryman for 2yrs, '65-67.  Discharged honorably in '68.  I went school from '77-'79 w/VA help (not rehab) graduated and went to work as an NREMT-A.  I became an EMT instructor & advanced EMT instructor, operating my own ambulance service.  Loved my career/job!!!  Eventually became a volunteer firefighter a few yrs/then a career level full-time firefighter/EMT, for a year, at age 38.  I eventually burned out.  In '89 I filed a claim for PTSD and eventually won in '99, retro to '89.  Filed claims for HB & A&A in '99 and won HB in '20, retro to '89, but denied A&A.  I'm considering a CUE claim on my original '75 application, b/c the injuries/disabilities were caused by my suicide attempt and the VA never considered it.  

2.)  I'm also considering filing a CUE on my '20 A&A denial, as in 2014 I caused a kitchen fire that rendered my small house a total loss.  The VA was aware of the fire and that I can no longer cook but denied the claim anyway.  I've tried a couple of times since but ended up leaving the gas burner on and I'm forbidden to attempt again.  Probably best that I don't try!!  I'll probably file the CUE and a whole new claim on the A&A.  I have many more things that may qualify me for A&A, but am able to brush my teeth, etc.

I know the rules and that a CUE is hard but I've won two before.  One for me and one for another vet, thru the central office.  He should have appealed that 3yr retro award to the 15yrs he was entitled to but chose not to.  His decision, not mine.

Seeking any offering/advice any of you may have.

Edited by namvet6567
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I would say go for it. If you have no new evidence or records, then file a CUE claim. If you have new evidence or evidence that was not considered in your decisions, then file a reopen claim. Either way be prepared for the VA to deny your claim. Because you are asking for an Earlier Effective Date (EED), it has been my experience that the VA and maybe even the BVA will fight you all the way to the CAVC for a proper decision.

I filed two requests for EEDs several years ago and the VA reopened my claims, sent me to two separate C & P exams and then completely ignored their examiner’s medical opinions. That’s right, the VA denied both my claims and I had to file appeals to the BVA. One appeal was partially granted but it is going back to the CAVC, and the other appeal is sitting at the BVA waiting its turn to be sent to a VLJ (Veterans Law Judge) to make a decision. I am past the two-year mark and going on to the three-year mark and this is an AMA Appeal where the BVA website still continues to state that a Direct Review Appeal will be completed in less than 365 days, but I am well over 800+ days and counting and there is no light at the end of this tunnel.

 

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I would be interested in seeing precisely what regulation(s) you allege the VA violated, especially since you posted you already won 2 CUE's.  I personally filed for exactly one CUE which was denied.  However, this is before I knew much about the VA, most all of us had learning curves.  (The good news is I actually won more benefits than I could have expected with the Cue, by following another route, a more traditional appeal and more appeals for the effective dates, on a different issue, TDIU, instead of the original issue).  

My experience has been that I have eventually won the benefits I requested, however, it always came via a different method than what I originally applied for.  In other words the theory I thought would win benefits is not what the BVA cited when I did get an award.  .  

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First I want you to know I am not pick on you but I have questions on a some things. I like you went through the 70's BS where if you didn't walk in with a limb missing you were not as disabled as others. The other fact is there was no digainisises of PTSD until 1980.

(1.) "I applied for VA help and was awarded NSC at 100% rate around '75 (I believe less than $50 a month at the time). "

I am not aware that the VA awarded any ratings or compensation for non-service connected, (NSC), injuries. Can you please explain it a little more so we can give you better direction? Did they consider the motorcycle accident a was a suicide attempt?

In my opinion, you stated you were HB in 2000 but denied A & A. I would go over what the VA used to award the HB and point out what the VA used in the record to award you HB than file a CUE claim for the A & A and EED going back to . Others may disagree but HB and A & A kind of go together as how can you be house bond and not need A & A if you can't leave the house? It may also help if you can get an IMO from a doctor that states you have been house bond from 2000.

I would help all of use hear if you could list in the below order what you are rated for as there is more than one way to your ratings as broncovet stated.

List it like this: 

What you are rated for, (PTSD etc.), percentages, and date.

For the record I am in a current fight with the VA over my PTSD. The VA stated, "I was insane for VA purposes at the time of my discharge in 1977. The VA awarded EED of 2017 date only after I filed a CUE requesting them to CUE itself. But ignored what is in the record about the 1977 date.

   

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1. From 85 to 91 I was 50 then 30% for Nam PTSD  due to poor DAV VSO

2. PTSD terminated by VARO in 91 due to poor assist from Korean DAV VSO

3. 2000 rated 70% PTSD and TDIU backdated to 98 represented myself pro se

4. 2000 filed CUE claims, VA Injury Section 1151 claim and P&T request.  Received P&T status from VARO in late 2000.

5. 2003 received denials of CUE and 1151 claims from VARO and BVA

6. 2003 filed pro se appeal to the CAVC for CUE claim with 4 CUE contentions

7. 2005 Received a partial victory from CAVC when they agreed VARO failed to adjudicate me for TDIU prior to 98 and vacated and remanded to BVA, VARO to do so.

8. 2003 or 04 VARO awarded me 5 years tackpay for TDIU due to my ongoing CAVC appeal

9. 2017 filed claims for OSA Sleep Apnea due to PTSD and also a claim for Nam Agent Orange Heart Disease.

10. 2021 and 2022 received 50% for Sleep Apnea from BVA appeal judge and 30% for IHD/CAD heart disease backdate to 2017.

11. Received SMC-S statuatory and no request by me for house bound.  SMC-S also backdated to 2017.  I did not need, receive or request A&A or actual housebound.

12 2022 Received increase to 60% for heart disease from BVA appeal judge and this was backdate to 2017.

13. 2022 and 2023 received 60% GERD, 10% Tinnitus and 0% Hypertension or HTN due to Nam PTSD and AGent Orange Pact ACT from VARO raters.

No claims or appeals currently in play. Total disability percentages 250%.

 

 

Edited by Dustoff1970
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namvet6567

Can you post something like Dustoff1970 did regarding your claim status?

Thanks Dustoff1970 for you post.

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Sorry for the delay in responding to this!!  I'm still learning how to use the site, which is why I stopped posting some yrs back.  I don't adjust well to change.  Anyway, I believe the VA had/has a responsibility to consider pension or compensation with the original claim, just like SSDI and SSI.  I was awarded pension because, at the time, I could not prove service-connection, which made sense to me, then.  I had no memory of the incident, nor the time period prior and closely after.  I was in a coma for about 3-5 days.  Didn't realize it was a suicide attempt, until years later.  I spent 2 yrs in VN and have little memory of much that happened there.  I was Airborne/Infantry.  I was denied SC but awarded pension w/around 60-70% residuals around '74/75 and awarded SSDI around the same time.  Started using my VA educational benefits and lost my SSDI re-evaluation due to a Dr who was pissed I was receiving benefits, when some of his patients were denied.  No big deal I was going back to work after I graduated community college.   

Filed a VA claim for PTSD, in '89.  Awarded 30% and thought I'd won the lottery, until I started learning more about PTSD and it's affects/effects on me.  Appealed the 30%.  Over the next 8yrs filed appeals of every decision and for TDIU (4 claims for TDIU in that period because I had no idea what I was doing but didn't want to lose due to some stupid mistake I'd made.).  The VA awarded 50%, then 70%, then TDIU, then eventually 100% schedular w/P&T, retro to day of my original claim.  The final decision was my 2nd or 3rd trip to the BVA and then the VARO shorted me a year of benefits $17k+, which I CUE'd them on.  Had the check within 3-4 wks for the shortage.

The decision awarding me 100% schedular carried w/it the requirement that HB and A&A be considered.  I thought about it and everything I didn't do and applied for both.  Don't remember if it wasn't considered at the time or I just applied within the 1yr appeal period.  Anyway, denied repeatedly for about the next 20yrs, always appealing and keeping the claim open.  I know I been to the BVA about 5+ times and to COVA/CAVC twice.  Lawyers always won remands at the court.  Paid for by EAJA.  The last win was HB around 3yrs ago, on a remand from the court to the BVA.  I was denied A&A but should've continued that appeal.  The last BVA attorney must have read my complete file and found an evaluation by my Vet Center counselor, that recommended I not work, that I rarely leave my home and felt that was best for me.  The HB award went back to my original claim date in '89.  Over my working career I've had over 50 employers.  

Never give up!!!  At this point I'm too old, altho I'd like the record corrected.  The VA knows/knew about the suicide attempts and deaths caused by wars.

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