A Question About My CUE CLAIM

[HMan]

Hi Everyone.

 

I was discharged from the Air Force in 2000 for a service connected Somatization DO with a 10% disability rating. I also had a 0% rating service connected for degenerative spine. I filed my claim with the V.a. in 2000 that included somatization along with my medical records. Well, the Va denied me. I didn't know anything about the system at the time. Somehow or another, they awarded me 10% for the migraines that I was having, but totally ignored or looked over my reason for discharge, which was somatization do.

Later, they raised my migraines to 30%. I had filed a few claims, which were all denied, and everything was paper at that time. Well, they also took my medical records and never returned them at my initial evaluation. It wasn't until 2010, after being denied again, that I could now use Ebenefits and see the reasons I was being denied. They said that I also missed a scheduled exam in 2010. I believe that to be true. I then realized that I needed my medical records, which they had taken in 2000, and I had no idea where to get them again. Long story short, I filed another claim in 2013 that included somatization again, but during this time, I had also gotten my military medical records again and located my form 356 inside that clearly stated my service connected reasoning for discharge "somatization do" along with the percentage, and I put in a CUE at that time for the somatization.

Well the V.A. kicked out the CUE claim for an earlier effective date, because I had an ongoing claim that included it. I was awarded my new claim that included somatization on 1/2015, but they dated it to reflect the beginning of that current claim for 2013. I have filed the Cue on 9/3/15 for somatization along with the form 356 which clearly states my service connected somatization and percentage that was located in my military medical records which they disregarded the first time in 2000. So, my question is: Do you think the V.A. will find a way to not retro me back to 2000, which the DAV helped me file for? This CUE claim is in the PREPARATION FOR DECISION phase as of now.

 

Thanks!

Decision_0002.pdf

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Decision_0001.pdf

Decision_0004.pdf

Decision_0005.pdf

Decision_0006.pdf

Decision_0007.pdf

Decision_0008.pdf

Decision.pdf

Edited October 14, 2015 by HMan
Added Documents

[Berta]

They might Try to but I think you might have a solid CUE basis.

The only thing that concerns me is when that C & P was, that they said you have not gone to...was it for the Somatization DO ?

"I filed my claim with the V.a. in 2000 that included somatization along with my medical records"

I wonder would they even need a C & P on that, with evidence of this diagnosis and a rating ,  in your SMRs.

If you can succeed under CUE your EED would be the date after your discharge because you filed within the same year of your discharge.

Are you able to scan and attach that older decision here (the one on the 2000 claim?)

Cover C file #, name , address etc, on it prior to scanning.

As to their Reasons and Bases Part and the Evidence list.

 

Edited October 13, 2015 by Berta

[broncovet]

They regurarly deny claims when you miss a C and P exam, unless you did not get notice of the exam.  

[HMan]

Sure Berta. I will have to go thru my things and get it. I do want to state that I never missed the C&P exam on the original claim back in 2000. I missed one that was scheduled in 2010 when I claimed it for like the third time. I didn't even know that they had the form 356 in my medical records until I reordered them and used them in the 2013 claim that I was awarded in 2015 for somatization do. They just simply denied my original claim back in 2000, which had the form in my records that they were to be looking over. I hope I was a little more clear in this explanation.

 

Thanks to Berta and Broncovet for the reply.

[Guest]

Well the V.A. kicked out the CUE claim for an earlier effective date, because I had an ongoing claim that included it. I was awarded my new claim that included somatization on 1/2015, but they dated it to reflect the beginning of that current claim for 2013.

The crazy one here, I agree that you may very well have a CUE claim but I do not really understand why the VSO decided to file a CUE claim instead of a NOD.  My point is that you were recently awarded service connection  Jan 2015 and this claim is not really ripe for filing a CUE claim.  I know that it may work but CUE claims have to be very specific and very hard to win.  Since you are within one year of your rating, you could just file a NOD for EED based on 38 CFR 3.356 or 3.357 which is a lot easier to win.

[HMan]

They might Try to but I think you might have a solid CUE basis.

The only thing that concerns me is when that C & P was, that they said you have not gone to...was it for the Somatization DO ?

"I filed my claim with the V.a. in 2000 that included somatization along with my medical records"

I wonder would they even need a C & P on that, with evidence of this diagnosis and a rating ,  in your SMRs.

If you can succeed under CUE your EED would be the date after your discharge because you filed within the same year of your discharge.

Are you able to scan and attach that older decision here (the one on the 2000 claim?)

Cover C file #, name , address etc, on it prior to scanning.

As to their Reasons and Bases Part and the Evidence list.

 

Berta, I added the requested info.

thanks.

 

 

[Berta]

I was discharged from the Air Force in 2000 for a service connected Somatization DO with a 10% disability rating. I also had a 0% rating service connected for degenerative spine. I filed my claim with the V.a. in 2000 that included somatization along with my medical records. Well, the Va denied me. I didn't know anything about the system at the time. Somehow or another, they awarded me 10% for the migraines that I was having, but totally ignored or looked over my reason for discharge, which was somatization do."

It sure looks that way to me too, that they did not even consider the discharge and the 10% but it did mention the separation pay...on the last download....

was that for the 10% somatization DO? Did you receive this separation pay and if so, for what length of time????

I didn't see any VA rating at all for it.

Hopefully others will chime in.  Something seems wrong here and this was at a ratable level when you were discharged but I don't know how the separation pay factored in.