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Effective Date;


jbasser

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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.

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Hi,

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.

Macool

Edited by macool
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j,

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

carlie

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,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.

Macool

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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?

J

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J,

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 ?

carlie

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j,

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

Hope this helps a vet.

carlie

http://www.va.gov/vetapp05/files1/0503568.txt

http://www.va.gov/vetapp00/files2/0018228.txt

http://www.va.gov/vetapp95/files4/9517775.txt

Edited by carlie
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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.

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