Jump to content
Ads Keep HadIt.com Online. Consider Turning Off Ad Blockers to Keep HadIt.com Online! ×
  • 0

Effective Date;



  • Moderator

Lets say a veteran files several claims in 1994. One was for Hypertension. He was scheduled for a C@P exam without service records. ( Were not found until 1998)

At the Exam the Veteran was diagnosed with Hypertension.

The record show several high blood pressure readings in service with compensable levels yet the claim was denied for lack of records. Also denied a reopen in 2000 stating service records were negative for any mention of hypertension.

What would the effective date be:

Where is the CUE in this?

Reopen was successful in 2003 with that being the award date.

Link to comment
Share on other sites

  • Answers 7
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

7 answers to this question

Recommended Posts


I will 2nd the want -on this one- this sounds alot like my on-going mess also. an answer is being sought by me also. we are in the same boat. If I am not mistaken we will wait for our service connection. study the cue process to understand how this is done and then file for that in a new claim for that specificly- CUE on the old claim and fight that decision on the rules and regs covered under CUE. CUE claims need to be done perfectly, Knowledge on the Cue Process is Importent. I have read things on having to apply in certain juristicions for it to work. but I may be lost on that. I am still studying the process. I do know If you hold the SMRs that would have changed the outcome of your first decision and you never filed for a appeal of the fist decision this CUE is your Ticket to getting what you needed first time you filed in 1994.


Edited by macool
Link to comment
Share on other sites


Wouldn't the CUE have to be when the denied rating was made?


Link to comment
Share on other sites

,I don't think so like in jbassers claim he did not receive the SMR's until later. The new evidence if introduced would or will change the original decision and if introduced for the first time it can CUE the original Claim. We do need an elder to agree with this - but this is My understanding of the CUE.


Link to comment
Share on other sites

  • Moderator

Actually the Cue was most likely made in the 2000 decision to deny the reopening. The records clearly stated Hypertension and the RO said the record was negative. This proves the RO did not even look at the record and when he did, he did not follow the correct procedure and denied the claim.

From a Legal focus point a cue is an attack on a final decision. In order to prove CUE, You need the facts as they were known at the time of the decision and the decision itself to be flawed. In this case any reasonable mind can read the record and look at the denial.

Macool, keep me informed when your fiasco gets straightened out.

I ask the operators at the 800 number, Who is driving this runaway train wreck?


Link to comment
Share on other sites


Do you have access to the original denial of SC for the Hypertension claim ?

Did the RO by chance list the evidence ?

When was the original denial ? I ask this, because I wonder if the readings for Compensable Hypertension are different now than when the original denial

was rendered.

Would 3.400 (q) (2) apply in this situation ?


Link to comment
Share on other sites


Maybe these BVA decision's will help give you some rules to use for this claim.

Hope this helps a vet.





Edited by carlie
Link to comment
Share on other sites

  • Moderator

Thank you Carlie.

I am not sure if 3.4 (q) comes into play as stated. Rin am015 took effect october of last year and the regs were changed, One way is the Hypertension was actually granted in November 06. Since it is after the VCAA and Rin am015 the regs still may come into play. But the old addage the VA uses are the facts as they were known at the time of the original decision takes prescendence.

Again, thanks for the information.

Link to comment
Share on other sites

This topic is now closed to further replies.

  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.


  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one massive, rambling introduction or story.
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   


  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Create New...

Important Information

{terms] and Guidelines