ROMAD

GBArmy is correct.
I assume they gave you a NSC "0"% - and did not service connect this disability.
CUE involves a legal error that manifested an altered outcome.....meaning if you could prove they were aware of at least a 10% potential rating for this disability,based on documented medical evidence in their possession at time of the decision, and they should have  service connected the Zero %, that would be basis for CUE.
I feel GBA is right on here to asvise you to file a new claim, if this disability has gotten worse and be prepared to prove that it has an inservice nexus ( a documented link to your service) .
 

ROMAD 38cfr4.71 is what you have to navigate thru. Orthopedic conditions change over time, sometime for the good and  often they get worse. This happened 30 years ago. Do you have symptoms now, or have they improved so that you would not be rated now? Are you rated currently at 0%? Are you looking to get a comp rating for your current condition, or trying to eval your possibilities for a CUE only.? The exam showed you had arthralgia in both shoulders, but nothing indicates the severity of your conditions back then. You have to look at the law/regulations back in 1995 to understand that the minimum rating of 10% disability had the criteria for pain or whatever. One year look back may not have been in affect back then for instance. If there is no evidence in your med records for the minimum level, say pain, then the VA would argue that yes, you have the disability, but there is nothing to show what level it should be rated at, they only would give you the 0% at best anyway if it were s-c. If your first exam said not service-connected, you had a year to appeal the original decision. Now you have to supplement appeal with new evidence to get in connected. You might work on getting it s-c now if you have current symptoms, and look back after on any CUE potential, as there isn't any time limitations for that process. I wouldn't think CUE is obtainable, but we don't have much to go on from your posting, andI am not a lawyer either.

@ROMAD They also jacked up my CUE packet I submitted four months ago. It got held up because the VA wasn't sure if they could move forward on what I submitted or if I needed yet another required form.
I work as a programmer in a company that processed electronic data like text files, PDFs, etc... When they get a bundle, they have to separate it out. Think of it like when you buy a house. You have a loan application, credit application,  property appraisal, etc... Every one of those documents has to be reviewed and classified/or split out into individual documents based on their type. Otherwise you just have a "bundle" PDF document that contains a variety of documents and can be difficult to search and manage. I am not familiar with the inner workings of the VA's document management system. I have seen some very smooth and well organized systems, but also have seen some that are rather awful. I wish I knew more about how the VA does it. Might have to dig into M21-1 and see if they have publicly accessible procedures for scanning/organizing/filing correspondence they receive.

Well that is a cluster.  I always do the mailing portion and I upload everything on Ebenefits to my claim.  I believe you can also upload on VA.gov.  Never give them an inch!  I learned this a few years back when their decision made no sense and I was like what the heck did you look at?  
I would page number the corner of each page so they can see if they are out of order.  This way if you have to appeal all the information is there!  
There might not be anything else you can do but give them the entire document again.

I have a question about determining if an error occurred. I have a friend who recently went into the VA hospital to have his prostate removed (cancer). 9 days later he went to follow up appt. and the following day he passed away at home. The ambulance was called and he never regained consciousness and was taken to a civilian hospital. The hospital said they do not do autopsy's for death by natural causes. I guess I never really thought that a 50 year old dying after a surgery would be considered natural causes. The death certificate listed cause of death "Probable myocardial infarction". If the county is not willing to do an autopsy how do you make sure the VA did nothing wrong? They do not make it easy to find out if everything went the way it was suppose to. His wife is left to figure this all out so any info or suggestions would be appreciated. He was 60% service connected: Exercise induced Asthma, and some join issues from a collapsed parachute on active duty. Should he have been at 100% post surgery or is that only for service connected  disabilities surgeries. He was also a Gulf War Veteran (Desert Storm). Thanks in advance for any info.

Berta that is correct! I just returned from the Milwaukee VARO and the customer service person did confirm the 21-526EZ is the form you should submit a CUE on. Since I had already submitted my letter and all the attached copies of the specific examples from my records, just made a note on the 526 to see Documents FAxed on 12/20/2019. So the answer is do your leg work and compile your letter explaining your CUE with specific examples of the errors and what regulation or law was not followed, as well as any documentation  specific to your allegation. The one thing I will take away from this is many of the Service org reps (that I have dealt with) do not get into the citing  the specific regs. The VSO today that uploaded my 526 was suprised at the level of documentation with citations I submitted. I give credit to all you folks here on Hadit! Thanks for the help and now we wait to see how this all turns out.
  

@ROMAD Since the appeals process changes in 2019, the VA has become accustomed to wanting a specific form for different types of claims. But based on what Dustoff posted from M21-1, there really is no required form. There is only the assumption from the VA that a form is needed because of the changes. And the crazy part is the VA employees are not on the same sheet of music. Ask a different person, get a different answer. The VA could fix this pretty easily by simply making a dedicated form, updating their website, and training their employees consistently. That's why I am encouraging everyone who encountered red tape or delays to call the WH VA Hotline and complain, especially if their claim was delayed by this confusion. They won't know unless we tell them.

I agree- the general consensus here a few weeks ago was for veterans to file the CUE on a 21-526 EZ.
I had to file my recent CUEs on specific forms that widows need to use now, pertaining to accrued benefits.
 
 

This is a great education in how to advocate for yourself. I recently submitted an HLR, Supplemental Claim and a CUE based on the concepts you have in your HLR. It looks like it is estimated to take 4-5 months, but it is worth the effort to correct the record and receive the service connection that was denied, and apply the proper rating for an old claim (earlier effective date). Great job, keep us in the loop on your progress.  

Did you have the symptoms of said issue?  Are they in your service record. The reason I am asking is I have a disease not commonly know (have found 4 cases in bva appeals). 
Any way if you have the results of the symptoms you can fight to show what it was. Or if they got the name of it wrong. 
Btw my condition is still not in the rating system but they have something close to it. 

Ok. here is a question. If you are filing a claim for a disability that was not commonly recognized while you were on Active Duty, and was not in 38 CFR until 4 years after you separated, how do you address that statement in the decision "No mention of ____________ in Service treatment Records" Is there a standard statement people use to address this? Is there case law that addresses this? Thanks in advance. 

I have a question about determining if an error occurred. I have a friend who recently went into the VA hospital to have his prostate removed (cancer). 9 days later he went to follow up appt. and the following day he passed away at home. The ambulance was called and he never regained consciousness and was taken to a civilian hospital. The hospital said they do not do autopsy's for death by natural causes. I guess I never really thought that a 50 year old dying after a surgery would be considered natural causes. The death certificate listed cause of death "Probable myocardial infarction". If the county is not willing to do an autopsy how do you make sure the VA did nothing wrong? They do not make it easy to find out if everything went the way it was suppose to. His wife is left to figure this all out so any info or suggestions would be appreciated. He was 60% service connected: Exercise induced Asthma, and some join issues from a collapsed parachute on active duty. Should he have been at 100% post surgery or is that only for service connected  disabilities surgeries. He was also a Gulf War Veteran (Desert Storm). Thanks in advance for any info.

I have a question about determining if an error occurred. I have a friend who recently went into the VA hospital to have his prostate removed (cancer). 9 days later he went to follow up appt. and the following day he passed away at home. The ambulance was called and he never regained consciousness and was taken to a civilian hospital. The hospital said they do not do autopsy's for death by natural causes. I guess I never really thought that a 50 year old dying after a surgery would be considered natural causes. The death certificate listed cause of death "Probable myocardial infarction". If the county is not willing to do an autopsy how do you make sure the VA did nothing wrong? They do not make it easy to find out if everything went the way it was suppose to. His wife is left to figure this all out so any info or suggestions would be appreciated. He was 60% service connected: Exercise induced Asthma, and some join issues from a collapsed parachute on active duty. Should he have been at 100% post surgery or is that only for service connected  disabilities surgeries. He was also a Gulf War Veteran (Desert Storm). Thanks in advance for any info.

I have a question about determining if an error occurred. I have a friend who recently went into the VA hospital to have his prostate removed (cancer). 9 days later he went to follow up appt. and the following day he passed away at home. The ambulance was called and he never regained consciousness and was taken to a civilian hospital. The hospital said they do not do autopsy's for death by natural causes. I guess I never really thought that a 50 year old dying after a surgery would be considered natural causes. The death certificate listed cause of death "Probable myocardial infarction". If the county is not willing to do an autopsy how do you make sure the VA did nothing wrong? They do not make it easy to find out if everything went the way it was suppose to. His wife is left to figure this all out so any info or suggestions would be appreciated. He was 60% service connected: Exercise induced Asthma, and some join issues from a collapsed parachute on active duty. Should he have been at 100% post surgery or is that only for service connected  disabilities surgeries. He was also a Gulf War Veteran (Desert Storm). Thanks in advance for any info.

You said:
"I am rated 50 percent and have been since 2006. I had not noticed that I met the requirements even  when I was MED Boarded out of the AF. I was wondering if I should have had that rating beginning in 1993 since nothing changed between 1993 and 2006. So  I had prostrating attacks lasting for hours  and  continuing for month...etc"
" So I was just looking for another set of eyes to see if I should or am eligible for CUE because they did not rate me properly in 1993, so just from 93 to 2006."
If the VA had medical evidence that warranted the 50% rating from 1993 to 2006, the that is a CUE, since it appears that those ratings have not changed.
It would be a CUE under 38 CFR 4.6:
 
"§ 4.6 Evaluation of evidence. The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law."
https://www.law.cornell.edu/cfr/text/38/4.6
we have CUE templates here.
The Chronic Presumptive regulations state:
"What are “Presumptive” Conditions? If you are diagnosed with a chronic disease within one year of active duty release, you should apply for disability compensation. Examples of chronic disease include: arthritis, diabetes or hypertension."
https://www.benefits.va.gov/BENEFITS/factsheets/serviceconnected/presumption.pdf
In some cases arthralgia could involve arthritis which is a chronic presumptive.But I think VA only saw the arthralgia diagnosis and did not have to consider arthritis.
However you could re- open the claim-with new and relevant evidence, as Broncovet said, ......and give them copies of all treatment records for as long as you have been treated for this-to show it is chronic.
Do you have the X ray or the findings of it? Perhaps a IME doctor would call it arthritis instead of 
arthralgia because sometimes those terms are used interchangeably- as this link  shows ,but also an IME doctor would have to determine if it was ratable at least at 10% within the first year after your discharge,regardless of what a IME diagnosis would be.
https://www.healthline.com/health/rheumatoid-arthritis/arthralgia#distinctions
 
https://www.healthline.com/health/rheumatoid-arthritis/arthralgia#distinctions
 
 
 

I am actually in the HLR review lane as I have two doctors at the VA who have both said it is more likely than aggravating or aggravated by my other service connected conditions.  The Va keeps using this PA who does not know as much as the doctors, so I will updated when we see what happens.

In order for me to have my OSA approved (had to go to the BVA to get it approved) I a DBQ from my first sleep doctor and an IMO (which was done two years later) from a secons sleep doctor. The IMO indicated how he reviewed all my medical records and how my obesity (I listed all my weight while in the USAF) where it showed I was over weight as well as my hypertension which went undiagnosied while in the servie. Those two as well as a buddy letter form my NCOIC, a letter from myseld, ex-wife and adult daughter helped get me approved for OSA. I went through serveral denielas and finally the BVA in order to get it apprved. I did the leg work byproviding my doctor a spread shet with all my weights while in the service as well as a chart for my hypertension. 
My original claim was filed in 7/2015 (I retired in 1995) and was approved by the BVA on 7/2/2019. So don't give up, just go through all your SMR and list all your weight of when ever you went to the doctor while in the service, with the weight and your height also list you BMI (body mass index) this is what indicates if you are obiest or not. Bottom line is do your homework and go back to the doctor who said you had OSA and see if they will write an IMO for you, if it was the VA then you may need to find a civilian doctor to write one for you.
I would do this for all your denied disabilities.
Good luck