Reconsideration, NOD, CUE or shut up and go away? **Earlier Effective Date**

[DivingBoard]

I am a GW vet 1991
I originally filed a claim in 1997 for:
*Rashes
*Join Pain
*Acute gastroenteritis
*Antisocial Personality Disorder
*Right Knee
*Weight Loss
All denied.
( the records show in their decision that they requested 1 time my private records from 2 hospitals in June of 1998 and as of the date of the denial Aug 1998 no records were recieved... there were several other issues with the duty to assist at that time in 1997, but from things I have recently read, you can NOT win a case for their lacking in their duty to assist as a CUE, even if they had assisted and the outcome would have been manifestly different in my favor, If you know the actual answer to this, please let me know.)  I understand that in 2000 there were new regulations with regard to the duty to assist.
All of my contentions were denied as NWG (Not Well Grounded) Stating that there were no in service records proving that I had these issues. And although they have records from an additional Hospital ( I have no idea whats in those records, they stated that I did not have proof of a CURRENT condition at that time.  ( had they gotten the records in their duty to assist they would have had that proof, and is part of my contention)

Fast forward 2014
I filed a claim for:
*IBS
*Fibro
Both denied stating no in service connection basically and also denied the earlier effective date request ( no reason to approve the EED because denied)

Then 30 days later I sent them a CUE regarding the IBS & Fibro and all the GW Presumptive info I could find, also requesting an EED.
*IBS Approved at 30%
*Fibro Approved at 40%
Earlier Effective Date Denied because I filed in 1997, was denied in 1998 and never filed an NOD or Appeal within 1 year.

Then I filed a claim for:
*Bipolar/et all Awarded 100%
*Sleep Apnea 2ndary to Fibro Awarded 50%
Requested in that the EED for Bipolar/et all Fibro and IBS, was Denied on all 3 as to EED.

Now, I am a the stage of having to file something to try to be successful in being awarded the reto to 97'.

1st claim for IBS in 2014 stated that it was REOPENED (not a new claim) is that a possible thing to point at?
1st claim for Bipolar/et all in 2014 stated REOPENED (not a new claim)  is that a possible thing to point at?

Are there any hail marry's out there? they didnt even respond to or address the things I sent them regarding TL 10-01, presumtive info etc.

And all of the diagnostic codes they have given me are NOT the GW presumptive 88's.

All award letters specifically state a direct service connection.  If 2014 states direct service connection from records that existed while in service how can 1998 state no direct service connection? (different eyes?, something they found that was OVERLOOKED in 97' new and material?)

Not sure what else you mght need from me, but I am happy to reply, thank you all in advance for checking this out to see if you can help.

[Vync]

1 hour ago, Berta said:

Make sure you file the NOD on time.On August 16th you said you had less then 2 weeks.????

Do the best you can with it.

I just saw your questions in my profile and I cannot help you directly. 

You might be out of time to file the NOD.

You can file a CUE at any time but I suggest reading over all the info in our CUE forum first and also the advice you already received here..

 

This makes me wish I knew the importance of EED's. I'm pondering CUE's for a few things myself.

[john999]

Send NOD by express mail with return receipt.  If you do not file NOD you will lose your EED and have to start from scratch.  If you let NOD deadline pass you are lost.  You must be willing to play by VA deadlines and get your own medical evidence. How much time do you have left to file NOD? If you have to file generic NOD to meet deadline then do it. If the only evidence you have is VA evidence expect to be low balled or denied about 80% of the time.  You need to develop your claims on appeal. This will take time but you have lost years already by not appealing via NOD.  Not scolding you but stating facts. I failed to file a NOD and it cost me tens of thousands of dollars over 25 years.

 

               John

[DivingBoard]

Thank you all for your advice and direction. If i am going the 3.156 route. Do I need to wait till after the NOD time frame has run out? Or Should I file it now within the 1 year time frame giving them an opportunity at de novo? If i do certified mail, is it the date of mailing or the date of recieved by them that counts?

[broncovet]

Do NOT wait until the nod time runs out to file a 3.156 new and material evidence.  File the new evidence now, as soon as you have the new evidence.  It will work well with the NOD>  

[Buck52]

I agree with bronco