VA Claims: Disabled Veterans Community|Hadit.com

How long from decision to notification?

Back on January 12th, 2017, I won a CUE  as well as permanent IU via a decision from a review officer, I won both on the spot.
So here it is some 6 weeks later, and I still haven’t heard anything. No information on Ebenefits page, no contact from my American Legion rep-hell he won’t even return my calls!
I called the 800 number, and they don’t have anything either.
What all goes on between the time you win your case, and when you’re actually notified?
Bank app is set to notify me when the “big one” hits, but NOTHING yet.
What is taking so long?

FOIA Request for C-File

I asked for a copy of my C-File in November of 2014 and never received it.  I applied for a rating on secondary conditions in July of 2015 (after getting tired of waiting for it).  I received my rating in April of last year and went from 60% to 100%.  After noting the effective dates of some of my disabilities I once again contacted the VA in May and asked for the status of my C-File.  At that time they had no record of my request so I submitted a FOIA request and have received nothing to date.  This may seem like a small deal to some of you but as my 1-year date from notification of my new ratings is quickly approaching I decided to send an email to the new Secretary of Veterans Affairs on February 16th.

  • I received an email noting receipt of my email on February 17th.
  • Received an email from the person in charge of getting the data on the 21st.
  • Received an email today that the CD copy was made and that it was being sent to me directly.

All together a 5 day turnaround!
I was looking for a specific C&P where I was denied for diabetic peripheral neuropathy in 1987.  They found the doctor notes so it looks as though I’ll be suggesting the VA CUE themselves on this matter as the criteria for rating is:

Degree of Incomplete Paralysis Description
Mild subjective symptoms or diminished sensation
Moderate absence of sensation confirmed by objective findings
Severe more than sensory findings are demonstrated, such as atrophy, weakness, and diminished reflexes.

I don’t know how they could not have rated me as mild back in 1987, I also asked for an evaluation of peripheral neuropathy in 1993 which they denied.  If they backdate the condition it will mean considerable backpay as they didn’t actually date my neuropathy until 2005 and in the early years I was rated at 20% and didn’t receive any benefit for my wife and two kids.

Voluntary Work

sphynix06 You can ask them to CUE themself  but you got to make sure every T is crossed and I’s dotted .  VA’s failure to give a sympathetic reading to the veteran’s filings by determining all potential claims raised by the evidence, applying all relevant current laws and regulations. Moody v. Principi, 360 F.3d 1306 (Fed. Cir. 2004). ∙ VA’s failure to apply applicable, existing regulations or statute at that time. Look v. Derwinski, 2 Vet. App. 157, 163-64 (1992). ∙ VA’s failure to follow the regulations that govern whether an existing disability rating should be reduced, namely 38 C.F.R. §§ 3.343 and 3.344. Olson v. Brown, 5 Vet. App. at 434; Ternus v. Brown, 6 Vet. App. 370, 376 (1994); Sorakubo v. Principi, 16 Vet. App 120, 123-24 (2002). ∙ VA’s failure to properly apply the Schedule of Rating Disabilities. Myler v. Derwinski, 1 Vet. App. 571, 574-75 (1991). ∙ VA’s failure to apply 38 C.F.R. § 3.303(b) which establishes a presumption of service connection for chronic diseases diagnosed in service. Groves v. Peake, 524 F.3d 1306 (Fed. Cir. 2008). ∙ VA’s failure to apply the regulation that governs conditions that preexist service. Joyce v. West, 19Vet. App. 36 (2005); see also Sondel v. West, 13 Vet. App. 213 (1999) and Akins v. Derwinski, 1 Vet. App. 228 (1991). Unsuccessful CUE Claims Additionally, the following are examples of unsuccessful CUE claims: ∙ VA’s reliance on medical diagnosis in a BVA denial was incorrect in light of a medical diagnosis rendered after the BVA denial. ∙ VA’s failure to fulfill the duty to assist. ∙ BVA’s failure to properly weigh or evaluate the facts (weight of evidence). ∙ Change in the interpretation of a statute or regulation occurring after BVA decision.   try to get that bad examiners credentials …he/she may not be qualified to do a MST  C&P and can not give a Diagnoses….if so use that as reason you requesting another C&P Exam  with different Dr, you have that right….if a veteran lets things like this go and not fight it   they love it. A New C&P and Qualified & a common sense examiner   is what you need  and I bet you will be approved…depending on your symptoms as for as your rating, but service connection should be established.

Permanent and total

Buck. you suggested to use CUE as the last means but I have used it as an IMMEDIATE frontal assault after I got my last two or three decisions. I have not had time to fully prepare something I mentioned here before. I need to request from VA Sec Shulkin to develop a fast Letter that advises how a claimant can request the VA to CUE itself in an unappealed decision within the appeal period.This way all vet reps and vet lawyers who get the fast letter will have an obligation  to not only look right away for CUE in any decision, but also to have a regulation to back up a CUE filed in the appeal period.This could reduce the backlog and keep the claim at the RO until they do it right.  Oddly enough, even without any formal reg, it sure has worked for me, and two vets here have used this tactic so far. As I mentioned in my HBP 1151 CUE it took less than a month for their reversal of their ludicrous denial. I have 3 CUEs in Word now, which I already sent to the director but have been so pressed for time that maybe this coming week they will be formally sent in. Since my husband died over 22 years ago every single issue VA I had was denied right off the bat and I regret I didnt use this tactic sooner.It would have definitely kept my AO DMI death claim out of the BVA. A 2005 CUE I filed got me a fast double DRO review,but still they ignored my IMos and I chose to take the BVA route, and the BVA certainly awarded the claim and also agreed my VCAA rights had been violated. This tactic and an NOD along with the CUE is what got the VA to reverse the only claim my daughter has had as a veteran. It was for her DEA entitlement certificate. A BIG error, and they reversed 3 weeks after she got the NOD/CUE I prepared and she copied, signed and mailed it to them at the VA Education Department here in NY. Sometimes VA EDU is an oxymoron. I think this vet here has a very good vet rep who was willing to prepare and file a CUE . I think most vet reps are either too lazy or too incompetent to do that….or maybe would be very willing to, if they had a formal regulation to do it with.

Clear And Unmistakable Error
A decision that has become final may not be reversed or revised in the absence of a showing of CUE.  38 U.S.C. § 7111(a).  CUE “is a very specific and rare kind of error . . . that when called to the attention of later reviewers compels the conclusion, to which reasonable minds could not differ, that the result would have been manifestly different but for the error.”  38 C.F.R. § 20.1403(a).
The Court has no jurisdiction to consider a CUE claim it in the first instance.  38 U.S.C. § 7252(a); Andrea v. Principi, 301 F.3d 1354, 1361 (Fed. Cir. 2002) (holding that “each ‘specific’ assertion of CUE constitutes a claim that must be the subject of a decision by the [Board] before the Veteran’s Court can exercise jurisdiction over it”); Russell v. Principi, 3 Vet. App. 310, 315 (1992) (en banc) (noting that “[t]he necessary jurisdictional ‘hook’ for this Court to act is a decision of the [Board] on the specific issue of ‘clear and unmistakable error'”).VA law allows a veteran – at any time – to request that a decision be reviewed and corrected if VA committed a “clear and unmistakable error” (often called a “CUE”). This is a very powerful right. Unfortunately, it is also a widely misunderstood and a misapplied right.  A true CUE is not common and is a difficult claim to win. Read More

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