I'm pretty sure I have a CUE from a denied claim for hearing loss and tinnitus years ago. I just got direct service connection for tinnitus(they inferred this time but secondary to ottis externa), chronic ottis externa and a vestibular condition. They made a duty to assist error and didn't have my most recent hearing test for the examiner/rater but I was able to request it via secure message in mhv to my local regional office. In this most recent decision letter the evidence, obtained during my initial claim for the conditions for which I got a medical discharge, show that I saw an Army ENT for these issues roughly 30 days before discharge and that nothing like it was noted in my entrance exam or prior civilian medical records. So I think they made an error of fact and an error of law regarding presumption of soundness. I sent in a foia request for my cfile but that can take forever so I called the 827-1000 and asked them to resend me the decision letter from 2010. Once I get the letter and see exactly what the rater said I can address points 1/2. The rest should be obvious hopefully. I'm also thinking about some sort of appeal for my 20% dod rating I got at discharge and trying to get it to at least 30% for medical retirement.
In 1983, I was initially denied disability compensation for a scar on my forehead, so I gave up. In 2016, I filed a claim for my left knee, which had worsened during my service. Although the claim for my knee was denied, I was unexpectedly awarded 30% disability compensation for the scar on my forehead. Shouldn't the VA have to back pay me from the time I initially filed in 1983?
I served in the army 1988-2012 CUE from 2012 the army (ft Bragg) and va ignored my spinal cord injuries (incomplete quadriplegic) due it herniated discs with Myelopathy. It would get worse with findings of syringomelia (lesion in spinal cord) and Syringombulia (Lesion on brain) which lead to TBI, vision digestive loss of fine motor skills, movement disorder Myoclonus in all 4 limbs. etc, I'm even assigned to the Tampa VA spinal cord injury center, they even did a cp exam in 2013 that lists the SCI, but BVA never addresses them. I have tried lawyers VSO's even a VA investigator walked me to a major VSO and told them to help with CUE. but as all the other groups did, they would not contact me again. all of this is documented even a recording from the army PEB you can hear my lawyer say "we know SFC Bolden has significant spinal cord injuries. Yet it would all be ignored based on an unsupported diagnosis of adjustment disorder by an army captain in 2010 when first assigned to the WTC for medical retirement. evidence is beyond doubt then and now. why are so many lawyers afraid to help me. I am currently 100% and it does not address anything neurological.
Good evening! What are the four claims that the veteran must make? I only heard the gentleman list three of the four steps or points that needed to be made to be a complete pleading requirement. TIA
HELLO, In 2008 the VA rated me at at 10% for left knee surgery. In June of 2008 I had surgery that created a 2cm gap in my fibula... What the VA claims non union fracture. My tibia also has a nonunion fracture that created a malformed knee joint. They rated me under my original claim when I left the service in Nov 2007. That was for a meniscus surgery. However they paid for the H Tibial Osteotomy. under code 5262 it states this should have been 40% for my loose fibula because its also required me to wear a brace.
For a PTSD/mst claim resulting in pregnancy and discharge filed and denied in 2008 and 2011, does the newer rule about MST markers imply to the previously reviewed claims evidence. For example, request for change of duty, pregnancy, discharge, complaints and counseling statements? I am trying to determine whether to file for CUE or to simply file new claim. It's over 10 years worth or potential back pay. So, I don't want to throw it away if I have a chance. The rapist later took custody of my daughter after my PTSD /depression complications helped him in court. I have to see this main 3 Saturdays a month to get my daughter, the child he impregnated me with when he assaulted me. He was my senior NCO. My daughter has now been abused for years.
I realize this video is a few years old. However, my question should still be relevant. In 2010, I filed my original claim with the VA for "Chronic Pain Syndrom" listed as part of my claim as secondary to Back and Post-Surgical Hernia Repair, think about the mesh lawsuits. It was denied and never addressed as a secondary disability. In 2016, I hired a company to review my medical files and pursue any clains they felt would increase my rating to the deserved level. They claimed "Chronic Pain Syndrom" again as a secondary claim and worded it as a mental health condition, this time it was addressed and given a SC status. So, my question is would it be worth the effort and even possible to establish a CUE as the wording for the claim clearly listed my "Chronic Pain" in both claims? I habe been told by a a few people that the answer is no, mainly because it wasn't done under a mental health condition on the first claim. I literally have in my rating chart an image where "Chronic Pain Symdrom" is list as non-SC and just under it 5 years later, SC listed as "Chronic Pain - SC" as depressive disorder w/ mixed features. In my opinion, it wasn't delegated to the right rating side of the VA for proper review. A response would be greatly appreciated, rynomite@yahoo.com if email is better.
I was advised to do a C.U.E. by a VA Representative because major health issues (20 years) were Never Addressed in my original claim. The person (?) who rated me never did anything (deferred or denied) these issues. Would you say the above advice is correct; haven’t seen too many Veterans complain their issues were completely ignored. Thanks
@Michelle Krugman, for more information regarding when a CUE claim may be effective, please read our blog post: cck-law.com/news/clear-unmistakable-error-cue/
I was recently contacted by a member from your team who is clearly not familiar with the process for which you are speaking about in the subject matter. I have reached out to your company to see if you would want to represent me but feel that you are not going to have a chance to hear me out because the person screening doesn’t know what they’re talking about. I would hope that somebody would reach out to me that is familiar with the process.
Chisholm Chisholm & Kilpatrick LTD Thank you for the reply. I looked over your article, and I don’t think it addressed much of my comment; not that there was much comment to address. I filed my claim in Dec of 2012, my claim was denied by July of 13, and I didn’t get a C&P until (from what I remember) June 2015. I know it was 2015, the month seems like it was May or June. All that to say that I’m basically the poster-boy for the over-generalization that the VA simply ignores and denied benefits to so that we will quit trying, or worse.
2001-Ti crime victim in Mississippi trying to get connected to the US Senate Select Committee to request for a commission to investigate USDOJ cover-up of civilian crime victims being torture -rape-abuse using mind-controll technology on this soil
Y'all are some bums. I tried calling them for a CUE claim consultation. They don't even take the time to hear the merits of your case. If it's beyond the appeal period of 1 year, they do not care.
@GTO EXPRESS, for more information regarding how to respond to a negative C&P exam, please check out our blog: cck-law.com/news/cp-exams-compensation-pension-exams-role-play-va-disability-case/
Love hearing the word attack when it comes to these claims.
I'm pretty sure I have a CUE from a denied claim for hearing loss and tinnitus years ago. I just got direct service connection for tinnitus(they inferred this time but secondary to ottis externa), chronic ottis externa and a vestibular condition. They made a duty to assist error and didn't have my most recent hearing test for the examiner/rater but I was able to request it via secure message in mhv to my local regional office. In this most recent decision letter the evidence, obtained during my initial claim for the conditions for which I got a medical discharge, show that I saw an Army ENT for these issues roughly 30 days before discharge and that nothing like it was noted in my entrance exam or prior civilian medical records. So I think they made an error of fact and an error of law regarding presumption of soundness. I sent in a foia request for my cfile but that can take forever so I called the 827-1000 and asked them to resend me the decision letter from 2010. Once I get the letter and see exactly what the rater said I can address points 1/2. The rest should be obvious hopefully. I'm also thinking about some sort of appeal for my 20% dod rating I got at discharge and trying to get it to at least 30% for medical retirement.
In 1983, I was initially denied disability compensation for a scar on my forehead, so I gave up. In 2016, I filed a claim for my left knee, which had worsened during my service. Although the claim for my knee was denied, I was unexpectedly awarded 30% disability compensation for the scar on my forehead. Shouldn't the VA have to back pay me from the time I initially filed in 1983?
That's why I appreciate you
I served in the army 1988-2012 CUE from 2012 the army (ft Bragg) and va ignored my spinal cord injuries (incomplete quadriplegic) due it herniated discs with Myelopathy. It would get worse with findings of syringomelia (lesion in spinal cord) and Syringombulia (Lesion on brain) which lead to TBI, vision digestive loss of fine motor skills, movement disorder Myoclonus in all 4 limbs. etc, I'm even assigned to the Tampa VA spinal cord injury center, they even did a cp exam in 2013 that lists the SCI, but BVA never addresses them. I have tried lawyers VSO's even a VA investigator walked me to a major VSO and told them to help with CUE. but as all the other groups did, they would not contact me again. all of this is documented even a recording from the army PEB you can hear my lawyer say "we know SFC Bolden has significant spinal cord injuries. Yet it would all be ignored based on an unsupported diagnosis of adjustment disorder by an army captain in 2010 when first assigned to the WTC for medical retirement. evidence is beyond doubt then and now. why are so many lawyers afraid to help me. I am currently 100% and it does not address anything neurological.
Maybe because you are already rated 100% disabled
Good evening! What are the four claims that the veteran must make? I only heard the gentleman list three of the four steps or points that needed to be made to be a complete pleading requirement. TIA
HELLO, In 2008 the VA rated me at at 10% for left knee surgery. In June of 2008 I had surgery that created a 2cm gap in
my fibula... What the VA claims non union fracture. My tibia also has a nonunion fracture that created a malformed knee
joint. They rated me under my original claim when I left the service in Nov 2007. That was for a meniscus surgery. However
they paid for the H Tibial Osteotomy. under code 5262 it states this should have been 40% for my loose fibula because its
also required me to wear a brace.
For a PTSD/mst claim resulting in pregnancy and discharge filed and denied in 2008 and 2011, does the newer rule about MST markers imply to the previously reviewed claims evidence. For example, request for change of duty, pregnancy, discharge, complaints and counseling statements? I am trying to determine whether to file for CUE or to simply file new claim. It's over 10 years worth or potential back pay. So, I don't want to throw it away if I have a chance. The rapist later took custody of my daughter after my PTSD /depression complications helped him in court. I have to see this main 3 Saturdays a month to get my daughter, the child he impregnated me with when he assaulted me. He was my senior NCO. My daughter has now been abused for years.
I realize this video is a few years old. However, my question should still be relevant.
In 2010, I filed my original claim with the VA for "Chronic Pain Syndrom" listed as part of my claim as secondary to Back and Post-Surgical Hernia Repair, think about the mesh lawsuits. It was denied and never addressed as a secondary disability.
In 2016, I hired a company to review my medical files and pursue any clains they felt would increase my rating to the deserved level. They claimed "Chronic Pain Syndrom" again as a secondary claim and worded it as a mental health condition, this time it was addressed and given a SC status.
So, my question is would it be worth the effort and even possible to establish a CUE as the wording for the claim clearly listed my "Chronic Pain" in both claims? I habe been told by a a few people that the answer is no, mainly because it wasn't done under a mental health condition on the first claim.
I literally have in my rating chart an image where "Chronic Pain Symdrom" is list as non-SC and just under it 5 years later, SC listed as "Chronic Pain - SC" as depressive disorder w/ mixed features. In my opinion, it wasn't delegated to the right rating side of the VA for proper review.
A response would be greatly appreciated, rynomite@yahoo.com if email is better.
I was advised to do a C.U.E. by a VA Representative because major health issues (20 years) were Never Addressed in my original claim. The person (?) who rated me never did anything (deferred or denied) these issues. Would you say the above advice is correct; haven’t seen too many Veterans complain their issues were completely ignored. Thanks
@Michelle Krugman, for more information regarding when a CUE claim may be effective, please read our blog post: cck-law.com/news/clear-unmistakable-error-cue/
I was recently contacted by a member from your team who is clearly not familiar with the process for which you are speaking about in the subject matter. I have reached out to your company to see if you would want to represent me but feel that you are not going to have a chance to hear me out because the person screening doesn’t know what they’re talking about. I would hope that somebody would reach out to me that is familiar with the process.
What about the VA denying a claim without a C&P?
Chisholm Chisholm & Kilpatrick LTD Thank you for the reply. I looked over your article, and I don’t think it addressed much of my comment; not that there was much comment to address. I filed my claim in Dec of 2012, my claim was denied by July of 13, and I didn’t get a C&P until (from what I remember) June 2015. I know it was 2015, the month seems like it was May or June. All that to say that I’m basically the poster-boy for the over-generalization that the VA simply ignores and denied benefits to so that we will quit trying, or worse.
yes, what if they don't order a new exam? it seems like a serious error.
What is a EP 930 rating control claim
Great information, thanks!
I have clearly a CUE case, but I am in Ohio , how can you help me?
Can you file cue when va lost medical records from in service
Feel free to check out our blog for more information about CUES, including examples. cck-law.com/news/clear-unmistakable-error-cue/
2001-Ti crime victim in Mississippi trying to get connected to the US Senate Select Committee to request for a commission to investigate USDOJ cover-up of civilian crime victims being torture -rape-abuse using mind-controll technology on this soil
Y'all are some bums.
I tried calling them for a CUE claim consultation. They don't even take the time to hear the merits of your case. If it's beyond the appeal period of 1 year, they do not care.
What happens when the RO EXAMINERS make false statements and Conceal matters of facts and deny a claim ???
@GTO EXPRESS, for more information regarding how to respond to a negative C&P exam, please check out our blog: cck-law.com/news/cp-exams-compensation-pension-exams-role-play-va-disability-case/