Request For Eed For Increased Rating, Or Cue?

[cowgirl]

Got a increased rating for sc issue. The rating information I've found is exactly the same for the issue when first claimed and now. This sc issue I've had for years was rated to date of discharge but I believe at a wrong low %.

My approach - claim for EED explaining & showing the va Imo reports then & now read exactly same for that condition. The rating criteria, as far as I can find, hasn't changed and the increased rating shows the lower rating was wrong from start.

Am I right to proceed with claim for EED fix? or should I go CUE? (may have asked this before, but double checkin ole cg here)

thanks,

cg

Edited September 12, 2008 by cowgirl

[Ricky]

Got a increased rating for sc issue. The rating information I've found is exactly the same for the issue when first claimed and now. This sc issue I've had for years was rated to date of discharge but I believe at a wrong low %.

My approach - claim for EED explaining & showing the va Imo reports then & now read exactly same for that condition. The rating criteria, as far as I can find, hasn't changed and the increased rating shows the lower rating was wrong from start.

Am I right to proceed with claim for EED fix? or should I go CUE? (may have asked this before, but double checkin ole cg here)

thanks,

cg

cg - just to clarify - you said "This sc issue I've had for years was rated to date of discharge"/ If it was rated effective the date of discharge there is no earlier effect date.

you said: showing the va Imo reports then & now read exactly same for that condition. The rating criteria, as far as I can find, hasn't changed and the increased rating shows the lower rating was wrong from start. If you can prove via medical evidence that your disability met the requirements for the higher rating at the time of the claim then you can appeal. Just make sure your IMO's fully meet the higher rating level.

Based upon what you have provided I do not see a CUE.

Ricky

[Berta]

You should NOD the decision and check to see if they used all of your evidence.

Tell them in the NOD why they are wrong.-that is if you are still within the one year NOD filing period.

Otherwise you can file a CUE claim on the past final decision but you must use as evidence-only legal evidence -

meaning how they applied the wrong diagnostic code and rating to a claim that the established medical record should have awarded.

I say here alot that CUES depend on legal errors and not medical evidence- what I mean is the medical evidence has to be an established fact.

New and material medical evidence can help re-open a past claim.

But this will not help with a CUE claim.

[john999]

If it has been more than one year since you were low balled I don't you can just file and ask for a higher rating based on the fact the evidence was the same unless you file for CUE. My evidence of disability was stronger 37 years ago when I got 10% than when I got 30% years later and 70% in 2001. I cannot go back to 1971 and just ask that my rating be raised to 70% unless I can show some error (CUE). You can go back a year from a decision but beyound that you have to show CUE. If I am wrong please someone tell me so. Many of us had the same evidence when we were rated 10% and then fought on through the years and finally got a decent rating. Unless the claim was under appeal on the same issue without any new evidence I don't think you can go back and get a higher rating unless there was cue. If you add any new evidence to the claim the VA will glom onto the date the new evidence was received to determine the new rating and ED. It could be pretty trivial evidence but the VA will use it for a new rating and ED. That is what they did to me.

[purple]

you mentioned that you just had a recent rate increase.

and you want to go back and open up other issues with the claim.....just be careful. the more you mess with your claims, the more the va will look into them and ask questions....it's happened to a few ppl i know.

just my 2 cents worth....good luck in whatever you decide to do!!

[Angela]

Reading these posts has kind of got me confused.

I thought applying for an EED (Earlier Effective Date) was a CUE.

Is that wrong?

Edited September 18, 2008 by Angela

[cowgirl]

Not exactly. IF you read what Berta wrote, that helps alot. CUE is after final decison, usually after a year, more involved longer process and goes to the BVA. Right now within the first year so my nod went to dro, usually quicker. Recommend you search and read about CUE on Hadit, sure helps me cause I dont retain the data like the computer does!

Good question, didn't mean to confuse anyone more than me?!

So far the EED is in progress and praying hard va sees the light!

cg

Reading these posts has kind of got me confused.

I thought applying for an EED (Earlier Effective Date) was a CUE.

Is that wrong?