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Would This Be A Cue


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4 replies to this topic

#1 twresamarie

 
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Posted 18 June 2011 - 11:30 PM

so i now have everything rite infront of me
dec 07
filed for increase for back/knee/ and IU
aug 08
they increased the back and knee, IU denied b/c you have not been found unable to secure or follow a substantially gainful occupation as a result of s/c disabilities. was only increase to a total of 60%. (40 back, knee 20) they didn't grant extra-schedular (i think b/c only 2yrs out of work, and 8m out of school chp 31 at that time)
oct 08
filed for secondary s/c for hip and other knee strains
oct 09
granted using c&p exam feb 09 (hip/knee) doc suggested using a cain. now met schedular, no earned income, no school.
oct 09
filed for just IU
apr 10
denied: but they say 'REMAINS' denied. my claim for IU was considered REOPENED. but denied b/c the evidence does not show "the the claiment is unable to secure or follow a substantially gainful occupation as a result of s/c dis."
(i dont think this makes sense)they go on to say
you meet the schedulat req. for this benefit but the evidence of record doesn't show (same as above)
:EVIDENCE:
notification from SSA dated apr 10
misc medical treatment reports submitted by me from aug 05 to jan 07 (remember this was denied once again in 2009_lol)
my fm 21-8940 oct 09
rating decision oct 09 (WTF)
apr 11
filed NOD with copy of the form my CPC filled out for SSDI, now aint that funny...lol
jun 11
"we received your appeal election form indication anotice of disagreement for back condition, (say what) the records show the VA rating dated aug 08 and the notification of this decision was mailed aug 08. you have one year from the date of mailing the notification of the decision to appeal. when the time limits expire, the decision becomes final. (duh) No further action will be taken on this appeal.
so where in the hell did my back come into this is what i am wondering.

what is going on with these people?
does anyone have a clue
letter gen. on ebenefits, shows new amount (correct with IU) but same %. will this stay as is. dated for the day after my child was born.

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#2 Berta

 
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Posted 19 June 2011 - 07:27 AM

Do you rceiuve SSDI solely for the service connected conditions?

If so does the VA know that?

Did your SC disabilities make it difficult for you to continue Chapter 31?

If so do you have documentation on that?

Are you able to scan and attach here the denial (cover the c file # and personal identifying stuff)

"letter gen. on ebenefits, shows new amount (correct with IU) but same %. will this stay as is. dated for the day after my child was born"


Do you get or expect to receive soon the amount of 100% comp? I am confused here but others will chime in.

This is not a CUE.

Something does seem wrong here. Do you have a vet rep?

#3 twresamarie

 
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Posted 19 June 2011 - 09:34 AM

[quote name='Berta' timestamp='1308490055' post='248531']
Do you rceiuve SSDI solely for the service connected conditions?
the same thing happened with SSDI, denied w/in two months

If so does the VA know that?
i dont think so, they do know that i was seeking out side evidence

Did your SC disabilities make it difficult for you to continue Chapter 31?
i have a paper from chp 31 stating that i was dropped from the program due to medical reasons

If so do you have documentation on that?
yes i do

Are you able to scan and attach here the denial (cover the c file # and personal identifying stuff)
no, do not even have a printer

"letter gen. on ebenefits, shows new amount (correct with IU) but same %. will this stay as is. dated for the day after my child was born"


Do you get or expect to receive soon the amount of 100% comp? I am confused here but others will chime in.
i have read that a DRO can not close out the case w/o granting in ful, so the % was the same but the comp amount had increased to the 100%

This is not a CUE.
i thought it would be, due to the fact that they are now denying a increace in my s/c back contion from 08, and not the IU

Something does seem wrong here. Do you have a vet rep?
i do have an American Leg. rep an will speek to him in the morning.
if you need more info i can provide any thing that was writen word for word. i am at a lose as to what this means. but i do think they are trying to save money and not have to retro back to the date i first applied for IU. I turned in one new piece of evidence in 11 nothing else was turned in since 09.
any thoughts

#4 john999

 
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Posted 19 June 2011 - 11:11 AM

As long as your claim is not final it can't be a CUE. You don't want it to be a CUE if you can help it.

#5 Philip Rogers

 
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Posted 19 June 2011 - 04:39 PM

I can't decipher your post. As I see it you failed to NOD the decisions, you just kept adding new claims????

pr




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