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hypertension Cue Or Not
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Ricky
In Feb 2004 I had a claim pending for increases in ratings of back, DMII and hypertension. In Jan 05 I suffered a stroke. In responding to a 15 Feb 05 VA request for information in March 05 I included in my letter that I wanted to open a new claim for the stroke that had occured in Jan 05. In my request for a new claim I asked that the stroke be rated as 100 percent for six months as required by rating code 8008 and then rate the residuals according to their degree of disability.
In a July 05 rating decision the VA denied my request for the 100 percent rating due to the absence of a recent or active process. They further provided that they were providing a 10 percent rating for residuals with and effective of date of FEB 2004 THE DATE OF THE CLAIM. The date of the claim was MAR 05 for a stroke that occured in Jan 05. There was no stroke nor claim in Feb 04. I now finally understand their denial based upon absence of a recent active process. They are trying to say that the claim for the stroke was Feb 2004 and not March 2005.
Their failure to assign the effective date of the claim as Mar 05 has resulted in the denial. Although I pointed this out in the VA 9 I feel it is something the RO should unscrew and rate the claim properly. I just obtained two new IMO's from my family doctor and my neurologist as to when the stroke occured. I will submitt this as new evidence in support of my VA 9 and ask that the RO grant the benefits sought or issue a SSOC and just wanted to know if I could claim CUE based upon the RO's actions.
My understanding is that a cue review can be asked for on any final decision inwhich the VARO decision is final because the stupid DRO simply copied and pasted the original raters decision into the SOC.
Thanks
Ricky
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