[CUE or not?]

On ‎2‎/‎22‎/‎2020 at 7:02 AM, Berta said:

"BVA also awarded me an additional disability that I have never claimed."

"Can I ask for an earlier effective date back to in service just because it was in my record and now the BVA has awarded me that disability."

I suggest that you file the claim. Use the new forms that are here under a search.

But I also suggest that you get a copy of your C file to see if in fact you did file a claim for this, or that possibly VA inferred it, due to the BVA decision, but then never adjudicated it.

I found a decision at the BVA the other day ( and think I posted it here somewhere) whereby the BVA found an unadjudicated claim the veteran had filed long ago  and  with the claim the BVA awarded , the case was remanded for a valid claim that could bring MEGA  retro to the veteran.

I do not foresee the VA awarding a better EED on a claim that was not formally filed. But seeing what the BVA stated might help more.

Can you give us your BVA Docket and Citation numbers?

 

 

First of all, thank you to all who answered my question, especially you, Berta( I've read you are the "best of the best").

Why do I have to file the claim, the BVA already approved me for the disability that I never claimed and they have already rated me 40%.  Also they have paid me back to 2013.

Also, through your advice, I reviewed my C-file, but the only thing I see is a MEB report on the disability that the BVA awarded me.  The more I looked through my C-file, I was sure that I filed for that disability when I got out of the service in 1993.  I filed the claim on paper and not online.  I don't believe they had an online process then, and if they did, I was not aware of it.  Anyway, I could not find any paperwork on the claim that I know I filed.  What can I do about that?

Thank you for your answer in advance.  You and all the others are so helpful to all of us Veterans.

 

 

 

[CUE or not?]

I filed claim 2013...was denied...appealed to BVA....won with retro back to 2013.  My question is BVA also awarded me an additional disability that I have never claimed.  While looking through my service records, I noticed that I was diagnosed with that same disability the BVA awarded me.    Can I ask for an earlier effective date back to in service just because it was in my record and now the BVA has awarded me that disability.  Any help would be greatly appreciated.  Thanks in advance.

 

[Denied Left foot 2013....Filed NOD before year deadline...Sc left foot 2018...Do I have CUE?]

2 hours ago, GeekySquid said:

any retro pay can only go back to when you first filed the claim not the date in service that you got the diagnosis.

For example if you were diagnosed in 1986 but did no file until 2000, 2000 is the earliest date you could possibly get retro too. The one caveat is if you filed within a year of getting discharged. those veterans can get retro to the day after their discharge date. I am not sure when that rule was implemented but based on my reading of your post it may not apply to your situation.

We would need to see ALL your decision awards and denials and the DBQ;s.

Redact them and post.

if you chose not to post, then no one here can really give you an on-point answer.

The reason is that a CUE, unlike a NOD, must be based on documented fact that is unarguable by a reasonable person. That means that the actual words matter. Not your opinion of them. Not the line you think is important but the entire document you are trying to attack.

We humans like to read things to our liking, and that does not fly with a CUE.

First off, let me just say thank you for answering my questions so promptly.

i just thought by me going through the MEB(Medical Evaluation Board) process in 1986 , that was considered an informal claim for my disability.  I was rated suitable for duty, but with a permanent disability rating on my left foot.  Anyway, thanks so much for explaining things.

 

[Denied Left foot 2013....Filed NOD before year deadline...Sc left foot 2018...Do I have CUE?]

Another Question:

If I decide to go CUE route(they denied original claim and granted same benefit sought using same evidence)...what law and regulation would I use? And also, if I won...how would that give me more retro? 

I have already received retro when they denied me on my original claim and won my NOD on that same claim

 

 

[Denied Left foot 2013....Filed NOD before year deadline...Sc left foot 2018...Do I have CUE?]

Ever since I got my NOD award decision, I’ve been researching and researching on what to do next.  A friend of mine told me to come to this site.  I’m glad I did....thank you so much for giving me some suggestions on how to proceed.  I don’t know which way I’m going to proceed, but at least, I have better insight...again thank you for your PROMPT response!!!

 

[Denied Left foot 2013....Filed NOD before year deadline...Sc left foot 2018...Do I have CUE?]

I don’t know if I can dispute earlier effective date.  After my NOD was granted, I received retro back to 2013.  But I was wondering if I can dispute earlier effective date back to 1986 when I was first diagnosed with left foot disability in MEB report.

And no I didn’t submit new and material evidence with my NOD.

 

[Denied Left foot 2013....Filed NOD before year deadline...Sc left foot 2018...Do I have CUE?]

Do I have CUE