usaf1970

Oh that is awesome news!!! So glad you got what you DESERVED!!!!

How come we can't have you as a VA rep. instead of the jack a$$ we have. My hat off to you, you are a person to have on our side.

God Bless you

Either CUE or a 38 CFR 3.156 claim can often establish a better EED.

It depends on how they worded the older decision in tha Reasons and Basis part, also what the Rating sheet says, as to the diagnostic code, and the rating under NSC.and also what they listed as Evidence.

These are two distinctly separate types of claims and we have lots of good info on them both here available under a search.

Neither claim ( CUE or 3.156) is 'better' then the other.I think a valid 3.156 claim would be easier than CUE but The Best is the one that will render a claimant more retro.

The best type of claim to file would be dependent on their past decisions and the stuff I mentioned above.

CUEs are often found on rating sheets.
3.156 retros lay often in 'newly discovered service records' or other evidence mentioned in the 38CFR 3.156 regulations.

This bears repeating something I have said before here.....

When a vet has been denied in the past for a condition that they re-open a claim for and if they succeed, and it is the same disability, it is often a situation ripe for a CUE claim.

If the same disability was denied , but at a ratable level of NSC at least at 10% or more (NSC)on the past denied rating sheet,
then becomes SC, our CUE forum info here should be devoured!!!!!!

I won CUE on that scenario

The worst CUE claims of all are the ones that have never been filed .

"Could that be the VA is looking at if this could have been a CUE without me requesting? "

Possibly , maybe they read my post here....

"I think this vet got snookered and his EED should be the date of the 2008 claim if the kidney disease was at least at 10% NSC on the older rating sheet. "

But seriously , John is right, secondaries need a medical rationale which could possibly come from a VA doc,at a C & P exam, but often the vet needs an IMO.

Berta - everytime I log on here and see another reply from you, I feel so completely honored. Thank you, thank you, thank you!!! I will read up on this 38 CFR 3.156. I'm not going to hold my breath, but when I get my C-file, SMR's, & my original claim rejection I will try to upload the denial letter and whatever else is relevant and if you or anyone else has time to help me form my argument I would be eternally grateful. You are an absolute angel!!!

I have been close to Harvard (for work), but never stopped by. If I ever make it out that way again I will definitely ask you about the room named after your uncle! What an honor that is. :)

SSDI would only be relevant if you do ever have to quit work due to disability.
Then if the SSDI is solely for the SC condition, you would be eligible to receive TDIU ( paid at the 100% rate)

Thank you for those very kind words!

"'m going to file for a CUE and even though my VSO does not think it will hold water, I can not see why it wouldn't. In my denial letter from my 2008 claim, the VA stated that they were unable to find medical records from my military medical records that showed where i was treated for kidney disease. I'm not sure how they missed the proteinuria, but I guess they did. So this time around it was approved. "

I am now thinking (since they obviously SCed the proteinuria disability,) that perhaps a claim under 38 CFR 3.156 would be in order...instead of a CUE claim.

hard to say at this point.....it depends on the older denial.
But I think you sure have a basis under 3.156 ©

38 CFR 3.156 a powerful regulation:

We discussed this on the radio show mentioned here:


in our archived shows

"38 C.F.R. § 3.156© provides that “if the VA receives or associates with the claims file relevant service department records at any time after the VA first decides the claim, the VA will reconsider the claim, including the issue of awarding an effective date back to filing of the original claim”.

They sure did find some "relevant service records", in my opinion.

But it depends on the wording of denial. Are you able to scan and attach that older denial here ( cover name, address C file # first)...the Evidence list and Reasons and Bases part and also the Rating sheet)

I have been to Harvard as a guest because my uncle was on their Faculty.They dedicated a special room to him.
He didnt know it was to be a surprise and opened the wrong door on one of our visits there.

If your kids get to Harvard (and nothing is impossible!) I will let you know where that room is and why he was honored that way,and also don't miss the Peabody Museum if you ever visit the kids there. Harvard is fabulous.

Others will chime in....I sure think you might well be entitled to a nice piece of additional retro.

That is why we all need to get those SMRs and study them real good.
A vet I helped had vet reps and lawyers and went to the CAVC twice before I met him.

His condition was documented in his SMRs but symptoms, not a diagnosis.

Long story but he finally won his claim....

The BVA gave me a clue in one of his denials.I ran with it and that led the way to an award letter.

Glad to hear it, USAF!

This sounds great and you will know more when the decision comes.

I wonder if they considered the HBP and the gout..
" I now have hypertension and pretty severe gout. My kidney specialist believes these are secondary to my kidney disease"



I suggest to hold onto some of the retro just in case you ever need an IMO.

Have you ever applied for SSDI for this condition?

I made some other points in that link as well regarding potential CUE claims.....

if a vet is denied for a SC and the denial is not appealed ,and then the disability eventually becomes SC, ........
if the disability was at least at a 10% NSC rating level in the denied decision, that makes the older decision in many cases, ripe for a CUE claim to recover some EED.

The legal error would be in the rating sheet.

A determination of NSC is a a legal error if it should have been SC.

But the medical evidence must have been established at the time of the decision.....

CUEs can often garner Mega bucks as many CUEs posted here have done, from the BVA as well as some members here.

Excellent. Now take care of yourself.

Over the years when I got discouraged by VA, it was often music that brought me out of that negative state of mind.I use Amazon alot these days, to buy specific MP3 and then download them to CDs.It is cheaper than buying en entire album if I just want one or 2 songs....and the CDs can be copied by burning them off....I just burned off a Christmas CD for a friend....it included Willie Nelson ,the Beatles, even Dave Brubeck, all Christmas, but different genres.

Your SMRs might well be with the VARO who is handling the claim.

In 2008 they denied the initial claim... at that time they should have sent you a VCAA letter telling you exactly what evidence they needed.

Do you believe that new and material evidence was strong enough for them to re open...?

My RO tried to deny me a re-open in 2003. But their attempt failed.
Still it became part of a long battle.

2008 was not that long ago,in your case, and if it was a question of the inservice nexus factor, they will still need proof of that.
I dont believe VA really reads SMRs well at all. That is why it is always good to get a copy of them ASAP before they are sent to the VARO.

On SMRs, years ago I requested via NARA, on a SF 180 my husband's USMC and USN SMRs.

I got the Navy SMRs and a letter indicating that his USMC SMRS were at the Buffalo VARO.
That is where they should have been ,as I had a claim in progress at that time.
I assume that is where your SMRs are, but dont know iof they would release a copy of them while your claim is still in progress.

usaf1970,
you may want to go get copies of your medical records or wait until after the c&p ... if you don't need to be there then I recommend you go get the copies! & read what they said? jmo

I think he can be service connected without a rating...he needs to get SC first thing!
carlie is great doing CUE!..
I would think he can get EED!

Wow, you guys are fantastic. Thanks a lot for the quick responses.

So to respond to your all's responses:

Nay4life - I do not have my SMR's. I have requested them multiple times, but they have never shown up. I am a slow learner, but I have learned well that I have to write down who I spoke to, when I requested, and follow up. To me this seems a lot like me making sure others are doing their job... but the answer is no, i don't have my SMR's yet. My original VSO had them but they were blurry and hard to read. He submitted a request back in 2008 for a "clearer copy". And that's the last I have seen or heard of them.

Berta & Philip - thanks a lot on the clue on CUE. ..I will read up on this, and it sounds promising. I'm not holding my breath....but I will definitely look into this.

Thanks again for your responses, and I will definitely post updates as I get them from the VA.