I just wanted to keep everybody updated. Well, the DAV got back in touch with me and told me that they tried to get the C-file from the VA, but was in the hands of the rater. So, the DAV is waiting till they are done rating my appeals and will look at the rating decision for possible CUE ( 1985 decision) when the VA is done. Looking at the end of August 2009.
So, I started to look around for the Chronic prostatitis decision of April 2 2002 where they approved my condition for 10%. I found that in this decision that the VA did reopen the claim of unspecified genitourinary condition (As Chronic Prostratisis) which I was denied for reopening (the 1985 claim)on October 12 2000 (because of no new and material evidence). The VA reopened the claim as new and material evidence because I clearly pointed out in several areas, the Chronic Prostrate problems were diganosed in SMR, in service and at the separation examination. Which should of been clearly noticed in 1985.
My question now is if the VA gave me the decision based on new and material evidence and payed me back to the date I tried to reopen the 1985 claim for unspecified genitourinary conditon, why did they not open the claim in 2000 for me?
The condition was stated clearly in the SMR in 1985, 2000, 2002, and still to this day has not changed. So if they reopened a claim and payed me from April 2002 back to June 2000 does that take away my possible CUE in the 1985 decision?
I hope I explained myself well. Not feeling to good today. Thanks. If you need anymore info, Please ask.