Compensation & Pension

[EdB]

Hey guys & gals, I have a question that I am sure you can help me with. I filed claims on Sleep Apnea and some back injuries I had in the service. Well they denied both of them and I filed a NOD and they denied that . I should have got an IMO on both, but I didn't. Now I am getting the IMO's but I am not sure if I should keep the appeal going to the BVA or just file a new claim again when I get the IMO's to proof my service connection. If I do file again, do I have to wait a full year?

Any help and guidance you can give me will be greatly appreciated.

[Berta]

What was date of last denial?

[bobbyq]

If you start a new claim you loose ground and would not be compensated to the original date of the claim. If you can come up with IMO proof of connection going to an appeal would keep your original claim date and then you would be safe. If you need time you can rest assured that you have some, I currently have two claims in a Decision Review Officer status ( almost an appeal) and it has been over nine months and I have not heard word one on the claims. They are just hanging. That is the biggest problem with an appeal. You will have gray hair before it is resolved. Now they are doing the Ischemic Heart claims and it seems to have just bogged the system down. If you are not starving (as most of us were at that stage) an appeal might be better. Just a matter of whether you want to wait or not. You have a year from your denial date. Good luck

[EdB]

The claim for both of them was back in Feb, 2010. But I am thinking if I don't appeal, it would be quicker to file a new claim on them when I get my IMO letters. I know i would loose my start date of Feb 2010, but that might be better than waiitng 4 or 5 years on a BVA appeal.

[EdB]

What I am thinking is when I get my IMO's for the back injury, I plan on filing a CUE for them not giving me a C&P in 1967 when I first filed the claim. They said they did not have my medical records, but they did as they were in my SMR's. After I gave them the hospital information, then they gave me a C&P, but of course they denied it. So my queston is if I don't ask for a BVA hearing and just wait to file a new claim, will that kill my CUE ?

[carlie]

What I am thinking is when I get my IMO's for the back injury, I plan on filing a CUE for them not giving me a C&P in 1967 when I first filed the claim. They said they did not have my medical records, but they did as they were in my SMR's. After I gave them the hospital information, then they gave me a C&P, but of course they denied it. So my queston is if I don't ask for a BVA hearing and just wait to file a new claim, will that kill my CUE ?

Edb,

IMO the reason you posted above is not grounds for a CUE claim.

[EdB]

I am sure they are wrong in denying me SC for my back, that is why I am getting the IMO. If they give me only 10% SC rating, should I not be able to file the CUE then?