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To Carlie Or


Berta
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Question

We have a widow here who has posted in the Introduce Yourself Section and again I think in the AMC question Section.

I tried to assess what she posted but I feel she would do better in the Claims Research Forum and asked her to post here- is this OK?

Others in this forum might offer her better advise than I did.

her handle is akwidow

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It seems that now that I have discovered hadit I make it a habit of perusing all new information, and try to absorbe old posts as well.

Thank you Berta for starting a post here for my benefit and for those also in my situation.

In my remand statement from Court of appeals on part says: http://www.va.gov/vetapp08/files2/0811271.txt

The appellant's December 2007 correspondence further raises

the issues of entitlement to service connection for asthma,

and a higher rating for service-connected post-traumatic

stress disorder (PTSD), both presumably for accrued benefits

purposes. These claims, however, are not currently before

the Board. See 38 C.F.R. § 20.200 (2007). Whereas these

claims have not been adjudicated by the RO in the

first instance, to include the question of whether they were

timely filed pursuant to 38 C.F.R. § 3.1000© (2007), they

are referred to the RO for appropriate development and

consideration.

My late husband applied for service connection for asthma in 2000 or so. Where they say” ... Whereas these

claims have not been adjudicated by the RO in the first instance,... “ isn’t that a contradictory statement since he applied for service connection in the past and was denied? I gave VA a dot by dot documented calendar of his catastrophic treatment of asthma that included VA and private medical records that spanned 30 + years. Most of these records were contained in VA files. Wouldn’t this constitute CUE, and my addressing that issue be a CUE request?

Since my husband had ptsd since VN, and since he filed for ptsd disability three other times in the past and was denied, is my case filed March 2004 just after his death a sign that a CUE is in order for ptsd as well?

Thanks for your time,

Akwidow

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akwidow,

Welcome to Hadit.

I doubt there is a CUE at this point.

Did your husband have any active open claim at the time he died?

Others will chime in.

carlie

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