diabetes Reopen Diabetes Claim Or Is This A Cue?

[DOCRLWHMCMSW]

B)

Greetings to All.

I am a newbie to your site and have found great information as I reveiwed your FAQ'S.

In Jan 06, I filed a claim for Prostate Cancer/Agent Orange, and was approved Feb 07.

I have had an appeal going since Aug 2004 for Diabetes due to Agent Orange Exposure. The only update I get is the appeal is "still pending".

My denial in 2004 was due to proving Viet Nam Service. Viet Nam Service was proved for PCA using the same info in my 2004 claim.

My question is should I file again for diabetes, OR would this meet the criteria for CUE?

Your assistance in this matter will be greatly appreciated. DOC

[Vike17]

A CUE is moot in your case because your claim is still pending on appeal. Sure you can contend a CUE while still in the one year appeals period, but it wouldn't matter one way or the other because if the previous decision was wrong, the VA can change it without resorting to the stautes of CUE. A CUE is the means by which VA can correct an error in a final decision.

Vike 17

[DOCRLWHMCMSW]

Vike,

Appreciate your quick response.

Am I allowed to reopen the Diabetes Claim?

Thanks

DOC

[Berta]

Did you get a VCAA letter on the DMII?

Did you electon the election notice what you wanted the VA to do next?

Do they have all they said they needed in the VCAA letter?

I wouldn't worry about the DMII claim- as long as you have diagnosis and treatment records -the VA should consider it presumptive to the AO- just like the prostate cancer award.

I see you are NAvy- are you Brown or Blue Water or did you prove you stepped on Vietnamese soil?

Blue Waters even as we speak-are awaiting a lift of the illegal moratorium on their AO claims.

I didnt say it was illegal- NVLSP did in words to that affect-

You can send the RO an inquiry under the Iris system at the VA web site- or call 1-800-827-1000 and ask them for the status and what the Covers Screen says.

Almost 3 years in on this claim?-that is not unusual here at Buffalo VARO-

It is odd however that they awarded the prostate cancer before the DMII award.

Remember you can ask for the SMC "K" award if the prostate situation has caused you ED.

Edited June 13, 2007 by Berta

[Vike17]

DOCRLWHMCMSW,

There's nothing to re-open right now, your claim is still active because it's still pending on appeal.

Vike 17

[DOCRLWHMCMSW]

Thanks Again Vike 17.

Berta,

I did get a VCAA letter and provided info as requested. I actually had "in country" duties, so the VA finally approved. I think initially the denials were based on my being Navy. I am keeping my fingers crossed that the blue water and brown water decisions are finalized shortly. My Prostate claim was filed 3 years after my initial diabetes claim.

That was one of my reasons about asking about "re-opening" my Diabetes claim. It looks like my appeal could be a couple more years

Have a Great Week-End!!

Doc