Original Date Of Claim

[mrsvet28]

Thanks for all your replys about the Champa - got in touch with them and got the ball rolling for my medical- took alittle break cuz I broke my toe shoveling snow ouch!!! :o So anyway, just got back the audit I sent for 2 months ago- and its crazy how my numbers and those do not quite match-

Question: getting to the ODC- opened in 1998- no lapse in between-all SOC denials were based on July 99-when there was not much evidence at all because I was new at this/

how can they say I opened the claim in 2002- when all the denials were based on 99-and 2000?

they word it "on the date you reopened your claim" I did an online app. back in 02-because I wanted to make sure they were paying attention/and listed the claim number/etc.

so I'm assuming they are counting this as the ODC

_{Have the originals of course time stamped with aug. 1998-}

_{I'm wondering if this will take 12 more years :) like the first one --opinions please}

_{Thanks MrsVet}

[Philip Rogers]

What happened between 1998 and re-opening the claim in 2002??? Did you file any notices of disagreement (NOD) or appeals???

pr

[mrsvet28]

What happened between 1998 and re-opening the claim in 2002??? Did you file any notices of disagreement (NOD) or appeals???

pr

most definitely --the NoD's -and the SOC's were all refered to by the VA as July 99 and were denied as of that date

[mrsvet28]

most definitely --the NoD's -and the SOC's were all refered to by the VA as July 99 and were denied as of that date

The claim was never closed - if they kept the denials going on the 99-00 evidence-right?

[Philip Rogers]

If the claim was never closed, then the claim remains open and it is not CUE. If they made a decision and you failed to NOD it within the one yr appeals period the claim is closed. I need a specific time line, as to their and your actions in order to provide you w/an informed answer. Otherwise it's just guessing.

pr

The claim was never closed - if they kept the denials going on the 99-00 evidence-right?

[casper123]

I am no pro but did study cue for 7 years, If the claim Is still opened and there is evidence to prove you are due compensation, not raised by the veteran and varo failed to sympateticlly develop this claim , constitutes cur under regulations and laws of cue 1,2,3,

[carlie]

I am no pro but did study cue for 7 years, If the claim Is still opened and there is evidence to prove you are due compensation, not raised by the veteran and varo failed to sympateticlly develop this claim , constitutes cur under regulations and laws of cue 1,2,3,

casper,

Welcome to Hadit.

A claim for CUE can only be filed on a final unappealed decision.

Because "varo failed to sympateticlly develop this claim" does not fit

the criteria for CUE.

Here's a link for CUE - as to what is and is not the criteria for CUE.