Possible CUE - Need Advice

[Recondo@53]

Hello,

I have a question on a possible CUE. I completed a FDC within one year of starting it. In that one year timeframe, my now terminated VSO, also filed an intent to file(s) with out my authorizations. Now, § 3.155 gives clear guidance from the secretary that the VA will not recognize more than one intent to file for the same benefit. On completion of my FDC on Ebenefits, the RO combined both claims 08/06/2015. My FDC was started 09/04/2014 and completed 08/05/2015. Also, my FDC falls within a year of getting released from active duty service. The VSO submitted intent to file(s) dated 05/12/2015, 05/30/2015, and again 06/05/2015. ALL WITHOUT MY AUTHORIZATION and all overlapping my intent to file already in Ebenefits. I was granted service connection for a few disabilities, but the RO made my effective date of 08/05/2015.

1. RO clearly never followed  § 3.155.

2. § 3.4 (b) states effective dates for direct service connection are day following separation from active service.

3. Shouldn't my effective date be the day following release from active service? Which would be 10/01/2013.(release from service was 09/30/2013)

4. Is this grounds for CUE?

5. I have not submitted my NOD yet. Do I need to submit NOD and wait on CUE after Statement of Case?

 

Thank you so much for your help!

[Recondo@53]

Ironically, I am citing this very case in my current BVA appeal.  Too funny. What really bothers me though, with the out dated schedule and appeals process is that the VA convolutes everything for the veteran by having conflicting guidance. Like for example, the board states that, "The effective date for an award of service connection is not based on the earliest medical evidence demonstrating a causal connection, but on the date of the claim for service connection. See Lalonde v. West, 12 Vet. App. 377 (1999); see also McGrath v. Gober, 14 Vet. App. 28, 35 (2000)." However, the VA on its website also clearly states, " The date entitlement arose means the date the condition was shown to exist by medical evidence." And the date entitlement arose is used as a way effective dates are assigned for direct-service connection.