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I Want To Thank U All

its over

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#1 yulooking

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Posted 05 April 2012 - 12:35 PM

yesterday i got my decision on my remaned iu claim 1993-2001.

i won this was a very stressful last 3 yrs and want to thank you all for leting me vent.

i have been on this site since 200 and it gave me all the tool to win my cases and showed me what a cue claim is.

i want to thank all the many people who post and gave me feedback it really help.

its over and it feels unreal.i think once the retro hit the bank it will feel real. lol

#2 vetinpa

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Posted 05 April 2012 - 01:00 PM

Awesome

#3 Jeffro

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Posted 05 April 2012 - 01:40 PM

Congratulations! Glad you had a positive outcome.

#4 justrluk

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Posted 05 April 2012 - 01:47 PM

Congratulations! Take a deep breath and relax.

#5 Tbird

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Posted 05 April 2012 - 01:47 PM

Wonderful News!

#6 Berta

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Posted 05 April 2012 - 02:35 PM

Yulookin this is GREAT!!!!!!!!!!!!!!!!!!!!!!!!!!!


About 3 years ago I felt you had good CUE basis but then the VA said the claim was still open maybe 1-2 years ago ????


Was it a CUE claim award or retro back far because it was still open from 1994,which I think was the actual case here....


I have followed your posts for many years. We both had to deal with Buffalo and they cant read.

I am still poed that after 7 years, the Nehmer RO read and awarded my CUE in a heartbeat and yet Buffalo denied it for all those years with no rational reason.It took 7years for my DMII death claim too- they never read a single piece of my evidence.

This is wonderful news!!!!!!!!!!!!


I want to search for your older posts here and read them again real good because I have sure learned from you and like I said the other day-you NEVER GAVE UP!

This is a victory for all vets who know they are right and are willing to see it all through!!!!!!!!!!!!!!!!!

It is also a victory for those fo us who have dealt with this VARO. It needs a shake up.

I am so proud of you!

Edited by Berta, 05 April 2012 - 02:40 PM.


#7 broncovet

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Posted 05 April 2012 - 03:02 PM

Congratulations..I agree with the others.

It just goes to show that persistence, above all else, wins.

Edited by broncovet, 05 April 2012 - 03:03 PM.


#8 #1Cavtrooper

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Posted 05 April 2012 - 05:28 PM

Congratulations!

#9 Pete53

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Posted 05 April 2012 - 07:40 PM

I always felt that you had a valid claim. Sorry it took so long for VA to fix their mistakes.

#10 jbasser

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Posted 05 April 2012 - 08:15 PM

Berta said it well.
I am also proud of you. You stood firm and didnt budge.
You faced adversity and you won,

Enjoy every cent of your retro. You are one who really deserves it.

Basser

#11 Notorious Kelly

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Posted 06 April 2012 - 06:32 AM

Bravo, Yu - we are very happy for you! Posted Image

#12 NJBB62

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Posted 06 April 2012 - 07:32 AM

Congrats!

#13 carlie

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Posted 06 April 2012 - 09:46 AM

yesterday i got my decision on my remaned iu claim 1993-2001.

i won this was a very stressful last 3 yrs and want to thank you all for leting me vent.

i have been on this site since 200 and it gave me all the tool to win my cases and showed me what a cue claim is.

i want to thank all the many people who post and gave me feedback it really help.

its over and it feels unreal.i think once the retro hit the bank it will feel real. lol


yu,
Are all of your claim issues completely satisfied now and all VA issues are now, over for you ?

#14 Computer Tech

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Posted 06 April 2012 - 11:56 AM

Congradulations.

Rick

#15 yulooking

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Posted 06 April 2012 - 12:52 PM

well they wouldnt granted the cue it was dismissed because the informal iu claim from 1993-2001 and my neck issue that was rated 10% and a denied elbow claim from 1993-2001 were found to be still pending in appeal status.

said there was never a appeal decision made on these claims.

there was a dro decision which was made 2001 which is a appeal decision. cue should have been granted.


by say this there can not be a cue of a open claim.


i was granted 60% and iu 2001 by the dro.


the bva granted me 10% more for neck which made me 20% from 1993-2001 and granted my elbow 20% which was also on appeal from 1993. this gave me 40% 1993-2001 and 70% after 2001. and granted the informal iu claim found in the record from 1993.

comp doc stated i was not work due to my condition on the exam 1993.

well the only thing at va court is for them to granted me 70% from 1993-2001 not the 40% which is moot see as i have iu 1993-2001 which give me 100% any way..

i think i am still goin to let the court rule just so va is on notices for there mistake.

#16 yulooking

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Posted 06 April 2012 - 12:59 PM

well they wouldnt granted the cue it was dismissed because the informal iu claim from 1993-2001 and my neck issue that was rated 10% and a denied elbow claim from 1993-2001 were found to be still pending in appeal status.

said there was never a appeal decision made on these claims.

there was a dro decision which was made 2001 which is a appeal decision. cue should have been granted.


by say this there can not be a cue of a open claim.


i was granted 60% and iu 2001 by the dro.


the bva granted me 10% more for neck which made me 20% from 1993-2001 and granted my elbow 20% which was also on appeal from 1993. this gave me 40% 1993-2001 and 70% after 2001. and granted the informal iu claim found in the record from 1993.

comp doc stated i was not work due to my condition on the exam 1993.

well the only thing at va court is for them to granted me 70% from 1993-2001 not the 40% which is moot see as i have iu 1993-2001 which give me 100% any way..

i think i am still goin to let the court rule just so va is on notices for there mistake.

#17 hurryupnwait

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Posted 06 April 2012 - 06:29 PM

Congratulations, I too have an open claim pending that is quite old.

#18 Berta

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Posted 07 April 2012 - 08:41 AM

"well the only thing at va court is for them to granted me 70% from 1993-2001 not the 40% which is moot see as i have iu 1993-2001 which give me 100% any way..

i think i am still goin to let the court rule just so va is on notices for there mistake. "

Yulookin -I certainly see your point and have done a few things based on principle as much as on a potential award but, I am sure you realise the court might well dismiss this issue as moot since you have succeeded.

Dont worry Buffalo VARO will sure know you overcame their years of errors!

I have hesitated to even file another claim which NVLSP saw potential for, because my last award came from Nehmer in Phila and I just absolutely hate to think of dealing with Buffalo RO again.

BUT , maybe the only way they will know I won the CUE claim they denied for 7 years, is to file another claim!!!!

I dont now if Nehmer VARO remains as my VARO now or that anything further has to go to Buffalo, my original AOJ- anyone ear know how that works?

I am not filing a NOD on my award but if I had to I guess it would have to be filed with Phila Nehmer?????

Give yourself some time off to think about how your life has changed due to your recent monumental success Yulookin-and then think about the CAVC situation.

It is SO HARD to put the weapons down, isnt it!!!

I stiill think sometimes that I still have a claim pending. But AlI I have pending is a EED matter that depends on whatever response I get from VA Central.

Oddly enough, the CAVC might not find out you won unless you tell them.But maybe they do get updated claims info....??????

I had a very unusual CAVC situation years ago. It was a wannabee widow- it was awful.

Long story but she deliberately failed to tell her 'husband's' CAVC lawyer and also the CAVC itself (he was not really her husband at all,not even under common law as his own testimony to VA had stated)
that he had died and that therefore the CAVC appeal was over.

She thought somehow the CAVC would award the claim ,and if the court didnt know he died, that somehow she could get the retro cash as his 'wife'.

My point here is I sent the the CAVC judge an email of his death.I knew she was perpetrating a scam on the VA.
The Judge's law clerk called me up in astonishment , asking me how I knew this claimant had died and why the veteran's lawyer had not contacted the court.
He couldnt because she didnt want his lawyer to know he died either.
I sent the court clerk a letter from the VARO to the socalled 'widow', that she had sent to me, verifying the death certificate was received by the VA.

I checked the CAVC docket a few days later and the case was gone.

The CAVC only considers established evidence that regards the decision they are working on.
I have no idea if they get any updated claims info from the BVA or VAROs at all.

#19 yulooking

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Posted 07 April 2012 - 01:11 PM

berta
my cases is at the courts to. a judge has it since dec.

. when bva remaned iu claim they granted 10% for neck from 1993-2001.and granted my elbow.

see the 10% for my neck had to be appeal to court 120 day something like that. and the court could look at the iu see as i was granted it 2001. bva hope i did not no that. it would have kill the neck issue.


they hope i with draw the cases so the court will not dog them.

basically the court are goin to granted the 70% from 1993-2001 not the 40% bva is try to give me

#20 Berta

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Posted 07 April 2012 - 02:50 PM

OH !!! I get it now----


I think I got the neck and elbow issues mixed upI think!!!!

By all means see the CAVC claim through Yulookin-----and lets see what the CAVC decides.

#21 halos2

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Posted 07 April 2012 - 08:03 PM

Glad you won, didn't die in the process, and have to settle either. Great for you! You WON, and evidence prevailed. Enjoy the rest of your life now!