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Hello, I am new here. I read many answers and discussions from a lot of nice people here that help the others. I accept that I have to bother nice people here for my CUE/Clear and Unmistakable Error. My former representative didn’t care anything; they just request VA to increase my SC knee disability (20%) and SC hearing loss (0%) every ten years but nothing…VA kept denied. That’s why I try to do the research and learn by myself. I’m a veteran who served during1958-1966, and I was speedy discharge in 1966 at Ubon Base, Thailand with PAPD/Passive Aggressive personality disorder which I have no idea what it was.
When I come back to civilian life, I have trouble with my ears, my knee and my mental condition. I didn’t even know I can file for compensation benefit until 1975, one of my co-worker at work told me, so I applied for my knee which hurt from an accident during my service in Ubon, Thailand. I got 20%. Then in 1979, I filed VA benefits for the problems from my ears and nervous condition. VA approved my tinnitus 10%, hearing loss 0%, scarred pars tensa 0% and denied my nervous condition. I didn’t appeal so it was final. I have 30 % since then.
In February 2019, I received my own C-files that request from VA, and I just saw the VARO made a mistake on the decision in 1979 for my nervous condition; it missed the important evidence favorable to my claim (the psychiatric examination). It was very clear that my anxiety is related to my tinnitus and hearing loss as the psychiatrist indicated, “This patient’s hearing disorder is an irritating sort of stress which increases his anxiety level and results in irritability and poor temper control.” However, the VA decision didn’t have any part of this exam result in the consideration; it denied my claim with “There is no relationship between the veteran’s now present anxiety neurosis and the non ratable personality disorder diagnosed during service.” That’s why I filed CUE/Clear and Unmistakable Error for my nervous condition or anxiety neurosis in June 2020, but VA closed it because it told me that it needed VA form 20-0995 Supplemental Claim, but I didn’t send because I told VA that I want to allegation CUE not appeal, not reopen.
In August 2020, I called VA and VSO to be sure that CUE doesn’t need any form but only submit a letter with VA 21-4138 Statement to Support the Claim, and I submit them for CUE to VA again. However, VA said it still needed the VA Form 20-0995 Supplemental Claim to begin my CUE. The VA benefit specialist said it needed the form because VA didn’t know what I want them to do with my claim. I believed her so I hurried to submit the VA Form 20-0995 Supplemental Claim by fax on the same day to VA. I keep checking my CUE on VA.gov but it shows “Supplemental Claim” instead of CUE! I tried to call VA many times and I sent two inquiries to VA, but I got nothing because they couldn’t answer about what happened, why it was Supplemental Claim not CUE. They told me that the VARO would call me but there was no one call. I decided to withdrawn it so I faxed my request to withdrawn the supplemental claim but it still shows on VA.gov as Supplemental Claim. I tried to withdrawn for 2 months until my wife got one person name with e-mail address, so we sent an e-mail to ask for help withdrawing and explain everything to him. Two days later, I got a phone call from VARO, and he told me that my claim was CUE. He told me that the system would not let it put CUE, so it shows as supplemental claim and he said I might need to attend an exam so VA could rate % for my benefit. He told me not to worry, and he also gave me his telephone number at the VARO with extension. He also said he will call me the week later or I can call him, no need to wait for him to call!
Then I received two e-mails from VA secure center with the same information:
“I would like to apologize for the misinformation that you may have received. A supplemental claim, is a claim that is submitted, if you have a new and relevant
evidence in support of your claim. If you believe that a mistake was made on the prior claim, you can request a higher level review, which is VA form 20-0996. With
a higher level review, a senior rater will look over your case to see if any mistakes were made or to see if they come up with a different opinion, based on the
evidence at the time the claim was worked. With a higher level review, you cannot submit new evidence in support of the claim.
We did receive your request to withdraw your supplemental claim and followed up with a request to do so on 10/22/2020. When we submit a service request, we do
have to allow the regional office 30 days to take the action. The request to withdraw your claim was escalated further (via inquiry) on 11/24/2020 and you should
receive a call by telephone, when the inquiry is resolved. Initially the inquiry was not assigned to the regional office to be resolved, but it has been as of today.”
A couple days ago, I also received a call and an e-mail for an appointment to anxiety examination, so I tried to call the man at VARO that gave me his number and extension many times, but he never picked up the phone and never called me back. I am very confused and very disappointed. I just want to ask anyone here who can help me; I would appreciate it. I want to know that VA gave me wrong information (didn’t tell me the truth for some reason), correct? How to withdrawn this supplemental claim? Because I already submit the request, but VA didn’t drop it. One more question, please, if I want to allegation CUE, it only needs a letter (only a letter) to ask the VARO to revise the decision in 1979 and explain to VA what is the error in the decision, and not attach any paper or any copy, correct?
Thank you very much for your time.
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Hello, I am new here. I read many answers and discussions from a lot of nice people here that help the others. I accept that I have to bother nice people here for my CUE/Clear and Unmistakable Error. My former representative didnt care anything; they just request VA to increase my SC knee disabil...