Jim,
Excellent website. Very organized and easy to navigate.
I am just getting started on a claim to SC fibromyalgia. I have been doing internet searches for last 4-6 weeks. Filed some paperwork with local country Veteran's Officer. In addition, I am looking for some guidance on a past claim from 1991 to ascertain if it fits into a CUE issue. A little background SC since 1977 at/or about 60% (10% and 50%) for much of that time. In 1991 I filed for increased compensation based on unemployability. I also filed in 1996 although I presently can not locate that decision in my files (How to obtain a copy?). I recently started the process to SC my fibromyalgia and then again apply for unemployability under the belief that I must have at least 70% to garner 100%.
I have since learned that it may be proper under special circumstances for the VA to grant me 100% unemployability even at 60% rating. I note that the DVA suggests in 1991 decision that I am unemployable but that it is not solely because of my SC. In addition I had a closed-end SSI claim in 1990-1993 as I was unable to function much as an employee. I can forward/attach the decision letter to you or perhaps you can direct me to someone who can help me sort through this situation.
I believe an error may been made when they acknowledge my inability to maintain full time employment but since it is not all attributed to SC I am denied.
Thank you for your time,
Reply:
I doubt very much you have a CUE claim. While there are lay advocates all over the Internet who talk endlessly about CUE, in reality the CUE is a complex legal argument that is rarely awarded.
I don't ever touch them myself and I refer veterans on to attorneys who have a depth of experience in filing CUE claims. If you can find a lawyer who will take your CUE claim, only then would I bother to pursue it. Veterans lawyers can't file frivolous claims and they don't get paid if they don't win. If a VA accredited lawyer won't take your claim, you probably don't have a well grounded CUE.
http://www.vawatchdog.org/how-to-hire-a-veterans-law-attorney.html
TDIU is also complex. You are referring to a special way of getting to 100% TDIU without meeting the % requirements. That's correct, that does exist. But, like CUE, it is very rare indeed. You first have to convince the Regional Office that you have some sort of very special circumstance that differentiates you from hundreds of thousands of other veterans in a similar circumstance. Then the RO has to send your claim to D.C. for review there by the Director or his/her assigned staff. It may take years. I've been doing advocacy for many years and I don't know of a single case that was awarded this way. I'm sure they exist but I don't know of them.
http://www.vawatchdog.org/tdiu-unemployability.html
"I presently can not locate that decision in my files (How to obtain a copy?)" You ask for a copy of your c-file. http://www.vawatchdog.org/c-file.html
It's as simple as writing to the RO and getting them to send you a copy. https://www.vawatchdog.org/Letter_Templates.html
Many Regional Offices are currently delayed in these sorts of tasks. It may take 6 to 12 months to get a copy of your c-file. Every vet should have a copy and then be sure it's correct and properly updated.
"perhaps you can direct me to someone who can help me sort through this situation" I'm no longer accepting individual cases. My time is best spent delivering my message to thousands. My message is that every veteran who is capable should "Do It Yourself". Nobody cares about your claim the way you do. Most of the Veterans Service Officers or "representatives" you'll meet are poorly trained and have less of an idea of what to do than you do. They will help you fill out a form or two and that ends their involvement.
You can learn all you need to know by carefully reading through my site. I update it most every day just so you have timely and accurate information about how to navigate the system. The VA would rather work directly with you. A VSO is just a middle-man who takes paper from you and hands it to VA.
DIY and you'll be sure it's done right.