Should I Reopen This Claim

[CITY BOY]

I filed a claim in 1985 for a unspecified genitourinary condition, which got denied. I did not file an appeal back then because, I did not want to go thru the horrible testing again to gain evidence. In the year 2000 I filed again thru the American Legion to reopen the claim for the 1985 condition, and the V.A. found that I did not file adequate New and Material evidence to reopen the claim. So, I went back to the drawing board and found that I was diagnosed with Chronic Prostatitis in the Marines, in my service medical file. So, the American Legion filed for the new condition and I received a 10% compensation for the Prostatitis condition. Well, just recently in january 2009 I had Chronic Prostatitis upgraded to 20% and they also found a Urethal Bulbar Stricture while testing me within my groin and the V.A. doctor said that the Chronic Prostatitis and the Urethal Bulbar Stricture is definetly connected back to when I was in the service. My question is can I reopen the 1985 claim for the Urethal Bulbar Stricture as the unspecified genitourinary condition as new and material evidence? Please help, otherwise I will open as new claim. Thanx

[jbasser]

No, A Cue on a final decision should take precedence over all effective dates because of the error.

[CITY BOY]

No, A Cue on a final decision should take precedence over all effective dates because of the error.

THANKS, THAT IS WHAT I WAS HOPING THE ANSWER WOULD BE. I GOT SO MUCH TO LEARN.

[Berta]

"The condition was stated clearly in the SMR in 1985, 2000, 2002, and still to this day has not changed. So if they reopened a claim and payed me from April 2002 back to June 2000 does that take away my possible CUE in the 1985 decision?"

I sure dont think so- there would still be a CUE in the 1985 decision-in my opinion- as long as the disability rose to a ratable level then.

When the claim was re-opened in 2000- if I were you I would look for the VCAA letter they sent to you -(or should have)

"The VA reopened the claim as new and material evidence because I clearly pointed out in several areas, the Chronic Prostrate problems were diagnosed in SMR, in service and at the separation examination. Which should of been clearly noticed in 1985."

Sometime ago I posted a topic here as to "Newly discovered service records."

It might help you to read that-

It was a clarification by the VA of an older policy as to service records.

I feel "newly discovered" could be a broad term to reflect SMRs that VA had or shoul;d have had and yet were not 'discovered' as to being probative to a claim-when they should have been.

I think you have a valid basis for CUE here.

[CITY BOY]

"The condition was stated clearly in the SMR in 1985, 2000, 2002, and still to this day has not changed. So if they reopened a claim and payed me from April 2002 back to June 2000 does that take away my possible CUE in the 1985 decision?"

I sure dont think so- there would still be a CUE in the 1985 decision-in my opinion- as long as the disability rose to a ratable level then.

When the claim was re-opened in 2000- if I were you I would look for the VCAA letter they sent to you -(or should have)

"The VA reopened the claim as new and material evidence because I clearly pointed out in several areas, the Chronic Prostrate problems were diagnosed in SMR, in service and at the separation examination. Which should of been clearly noticed in 1985."

Sometime ago I posted a topic here as to "Newly discovered service records."

It might help you to read that-

It was a clarification by the VA of an older policy as to service records.

I feel "newly discovered" could be a broad term to reflect SMRs that VA had or shoul;d have had and yet were not 'discovered' as to being probative to a claim-when they should have been.

I think you have a valid basis for CUE here.

Thanks.. I will look up and read that article you mentioned. Also, I believe that it was rateable in 1985. Just recently I had another C+P exam for Chronic Prostatitis and for the newly found Bulbar Stricture at the Boston VAMC and this was a different doctor than last years C+P exam. This doctor in his exam noted the same as the other doctor that "Chronic Prostatitis and Bulbar Stricture did begin during Military Service". He was the Chief Urologist for this area. I will keep everybody informed. Thanks for everything.

[dan in sf]

I'm curious how it's going all these months later.