Understanding Cue For Service Connection

[stillhere]

OK Short story,

Filed in 83 test showed bi-lateral severe hearing lose by a VA C&P. Received decision a one page letter with the words Service connection denied. Nothing else. Got a copy of c.file in 2005 and really not much there as to why they decided that back then.

Filed to reopen with new material evidence and after a NOD and form 9 filed finally sent for C&P and the doctor stated that hearing loss is service connection and based it on the entrance exam from 1969 and the exit exam being so mistakenly applied as to render them flawed. Award of SC granted,

RO based award of 70% but only back to 2008.

While the entrance and exit exams were in my folder and used to decide SC in both. Shouldn't the RO automatically CUED themselves?? Only the % would be of question and I have many tests over the years to help with that.

What do you all think?

Thank you, Stillhere

Edited August 26, 2012 by stillhere

[stillhere]

John, I answered you yesterday and thanked you for your post but looks like it didn't go through.

I agree with you they are going to kick and screen before they will admit they made a mistake but it is there in black and white!

The denial says of my entrance and exit exam " 2 normal tests" yet my exit exam even says on it in hand writing High frequency hearing loss but shows a perfect 5-10 hearing test.

My entrance has in my profile chart 1 1 1 2 1 and also has a 55db in the test area!

How about I ask for a reconsideration based on CUE for an EED.

By their rules I have to wait until my NOD to get a lawyer involved right?

Thanks for all posts I am learning a lot and I hope this will help others.

Hope my heart can hold out to see this resolved!!

Edited August 29, 2012 by stillhere

[broncovet]

It is not always necessary to meet the "CUE" standard of review in order to win an earlier effective date. I think this is a very common misconception.

Frankly, I think VSO's started the rumor that if you dont appeal your claim in a year, you have to prove CUE to win an EED.

You make it harder on yourself, increasing the "standard of review" to CUE level, if you file CUE, when you could utilize the benefit of the doubt, with these methods.

If you are seeking an earlier date, read this link from top to bottom and even look up its references to see if it applies to you.

There are 7 methods a Veteran can win an EED, according to the NVLSP WITHOUT CUE:

http://www.purplehea...ate ErrorsL.pdf

This does not mention "Nehmer" claims either, which also has special rules for effective dates.

Edited August 29, 2012 by broncovet

[broncovet]

As the NVLSP guide published by the purple heart, shows, if you submit new evidence before the one year period you dont even need to file a NOD to preserve your effective date.

Read page 4 of the NVLSP guide:

In a nutshell this Veteran, in the guide submitted new evidence 360 days after the decision. This keeps the claim pending EVEN IF THE VET DOES NOT FILE A NOD WITHIN A YEAR!!!

Remember, this guide is the NVLSP talking, not some Vet on a board offering advice!! The NVLSP are THE experts on VA law.

[stillhere]

Bronco, I appreciate this but I don't see where I fall into any of these other than I did not get my C-file copy until 2005.

I filed after looking back at my records in 1984 and was denied I did not appeal. I then filed in 2006 to have it reopened. They denied and sent me a SOC in 2007 I filed again in 08 and that is the date they used this time.

My exams were part of my file in 84 and were read wrong by both the audiologist and by the rater and I was denied. I never knew why except for the one page letter of denial.

After I got my c-file in 05 I knew, but I was dealing with a heart attack and getting that SC then.

Thank you, Stillhere

Edited August 29, 2012 by stillhere